Kathryn Meenan, Appellant, v. Laurie W. Tomlinson, District Director of Internal Revenue, Jacksonville, Florida, Appellee, 295 F.2d 38 (5th Cir. 1961)

Annotate this Case
US Court of Appeals for the Fifth Circuit - 295 F.2d 38 (5th Cir. 1961) October 24, 1961

Appeal from the United States District Court for the Southern District of Florida; Joseph P. Lieb, Judge.

Henry J. Prominski, William G. Miller, Jr., and Miller & Tucker, Fort Lauderdale, Fla., for appellant.

Earl J. Silbert and A. F. Prescott, Attys., Lee A. Jackson, Dept. of Justice, Washington, D. C., Louis F. Oberdorfer, Asst. Atty. Gen., E. Coleman Madsen, U. S. Atty., Miami, Fla., Edward F. Boardman, U. S. Atty., Lavinia L. Redd, Asst. U.S. Atty., Miami, Fla., for appellee.

Before TUTTLE, Chief Judge, and JONES and BELL, Circuit Judges.

PER CURIAM.


The appellant, as plaintiff in the district court, sought to enjoin the enforcement of a lien filed by the appellee as District Director of Internal Revenue. The district court granted the appellee's motion to dismiss and this appeal is from the order of dismissal. The allegations of the complaint are not such as bring it within the rule announced in Miller v. Standard Nut Margarine Co., 284 U.S. 498, 52 S. Ct. 260, 76 L. Ed. 422. See McDonald v. Phinney, 5 Cir., 1961, 285 F.2d 121, and authorities there cited.

The judgment of the district court is

Affirmed.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.