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UNITED STATES v. OMAHA LIVE STOCK TRADERS EXCHANGE

No. 18271.

366 F.2d 749 (1966)

UNITED STATES of America, Appellant, v. OMAHA LIVE STOCK TRADERS EXCHANGE, Appellee.

United States Court of Appeals Eighth Circuit.

October 13, 1966.

Attorney(s) appearing for the Case

Thomas Silk, Jr., Atty., Tax Div., Dept. of Justice Washington, D. C., for appellant. Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, David O. Walter, Attys., Tax Div., Dept. of Justice, Washington, D. C., and Theodore L. Richling, U. S. Atty., and Russell J. Blumenthal, Asst. U. S. Atty., Omaha, Neb., were with him on the brief.

James R. McGreevy, Omaha, Neb., for appellee. Edward G. Garvey, Omaha, Neb., was with him on the brief.

Before VOGEL, Chief Judge, and VAN OOSTERHOUT and LAY, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by the Government from final judgment awarding taxpayer, Omaha Live Stock Traders Exchange, judgment for $10,068.13 for refund of income taxes and interest assessed to and paid by the taxpayer for the years 1953 through 1957. Jurisdiction is established under 28 U.S.C.A. § 1346. Taxpayer filed a timely claim for refund; payment was denied and this suit was brought within the time allowed by law.

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