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CANTON v. UNITED STATES

No. 18854.

388 F.2d 985 (1968)

Edward S. CANTON and Sigfrid Canton, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

February 8, 1968.

Attorney(s) appearing for the Case

Raymond V. Hedelson, Minneapolis, Minn., for appellants.

Robert J. Campbell, Atty., Dept. of Justice, Washington, D. C., for appellee; Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson and Gilbert E. Andrews, Attys., Dept. of Justice, Washington, D. C., and Patrick J. Foley, U. S. Atty., Minneapolis, Minn., on the brief.

Before VAN OOSTERHOUT and MATTHES, Circuit Judges, and HARRIS, District Judge.

PER CURIAM.

Taxpayers have taken this timely appeal from final order dismissing taxpayers' suit for refund of overpayment of income taxes for the years 1954 and 1955 upon the Government's motion to dismiss upon the ground that the taxpayers' refund claim was not timely filed. The facts, the issues, and the basis of decision are fully set out in Judge Larson's opinion reported at 265 F.Supp. 1018. Judge Larson, in his well-reasoned...

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