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Tucker v. Metropolitan District Commission and Michael Angelo

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


April 17, 1979

STANLEY V. TUCKER, PLAINTIFF-APPELLANT,
v.
THE METROPOLITAN DISTRICT COMMISSION AND MICHAEL ANGELO, DEFENDANTS-APPELLEES .

Appeal from the United States District Court for the District of Connecticut.

Present: HONORABLE IRVING R. KAUFMAN, Chief Judge.

HONORABLE J. JOSEPH SMITH, Circuit Judge.

HONORABLE LLOYD F. MAC MAHON, District Judge, sitting by designation.

This cause came on to be heard on the transcript of record from the United States District Court for the District of Connecticut, and was submitted.

ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the judgment of said District Court be and it hereby is affirmed.

1. In light of the significant government interest in prompt collection of its revenues, see Fuentes v. Shevin, 407 U.S. 67, 92 n.24 (1972), the imposition of liens on Tucker's property without prior notice and hearing does not violate due process. See Sager v. Burgess, 350 F. Supp. 1310, 1313 (E.D. Pa. 1972), aff'd mem. 411 U.S. 941 (1973); Winpenny v. Krotow, 574 F.2d 176, 177 (3d Cir. 1978).

2. Neither Briere v. Agway, Inc., 425 F. Supp. 654 (D. Vt. 1977) (three-judge court) nor Terranova v. Avco Financial Services, 396 F. Supp. 1402 (D. Vt. 1975) (three-judge court) involved collection of taxes. In both cases, a private creditor sought to impose a lien on the debtor's property, and hence these decisions are inapplicable to Tucker's appeal.

19790417

© 1998 VersusLaw Inc.



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