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HABERKORN v. UNITED STATES

No. 10734.

173 F.2d 587 (1949)

HABERKORN et al. v. UNITED STATES.

United States Court of Appeals Sixth Circuit.

March 28, 1949.

Attorney(s) appearing for the Case

William C. Allee, of Detroit, Mich. (William C. Allee, of Detroit, Mich., on the brief), for appellants.

Carlton Fox, of Washington, D. C. (Theron Lamar Caudle, George A. Stinson, Ellis N. Slack, Lee A. Jackson, and Hilbert P. Zarky, all of Washington, D.C., and Thomas P. Thornton and Roger P. O'Connor, both of Detroit, Mich., on the brief), for appellee.

Before HICKS, Chief Judge, and SIMONS and MILLER, Circuit Judges.

MILLER, Circuit Judge.

Appellants, C. Henry Haberkorn, III, and Hendrieka B. Haberkorn, his wife, brought this action in the District Court to recover $2,970.51 which they claim has been illegally collected from them as income taxes for the year 1942. The District Court dismissed the action.

Haberkorn, during 1942 and 1943, was an employee of Haberkorn-Barry Company, a Michigan corporation engaged in the general contracting business in Detroit. The corporation...

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