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FLOOD v. UNITED STATES

No. 3816.

133 F.2d 173 (1943)

FLOOD et al. v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

January 29, 1943.

Attorney(s) appearing for the Case

Philip Nichols, of Boston, Mass. (J. A. Boyer and Nichols, Boyer & Morton, all of Boston, Mass., of counsel), for appellants.

Newton K. Fox, Sp. Asst. to Atty. Gen., (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, A. F. Prescott, and Eugene E. Angevine, Sp. Assts. to Atty. Gen., and Edmund J. Brandon, U. S. Atty., and George F. Garrity, Asst. U. S. Atty., both of Boston, Mass., of counsel), for appellee.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

MAGRUDER, Circuit Judge.

This consolidated appeal brings up three related cases which were tried and decided together by the court below. D. C., 44 F.Supp. 509. In one, plaintiff-appellant Flood sued to recover an alleged overpayment of income taxes for the year 1936 in the sum of $3,500. In another, he sought recovery of a similar alleged overpayment for the year 1937 in the sum of $3,110. In the third the executor of John Moir...

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