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BROADWAY OPEN AIR THEATRE v. UNITED STATES

No. 6671.

208 F.2d 257 (1953)

BROADWAY OPEN AIR THEATRE, Inc. et al. v. UNITED STATES.

United States Court of Appeals, Fourth Circuit.

Decided November 9, 1953.

Attorney(s) appearing for the Case

Alan G. Fleischer, Richmond, Va. (Hirschler & Fleischer, Richmond, Va., on brief) for appellants.

James R. Moore, Asst. U. S. Atty., Richmond, Va. (L. S. Parsons, Jr., U. S. Atty., Norfolk, Va., on brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

This is an appeal from the judgment of the United States District Court for the Eastern District of Virginia in a civil action, brought under Section 1346(b) of the Federal Tort Claims Act, to recover sums of money alleged to have been wrongfully received by the United States in payment of taxes. Upon motion of defendant, the court below held that the action was barred by Section 2680(c), Title 28, U.S.C., and dismissed the action for lack of...

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