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  5. 121 F.Supp. 690 (1954)
 

PEONY PARK v. O'MALLEY

Civ. Nos. 13-51, 53-52, 54-52, 109-52, 114-52, 33-53, 86-53, 87-53, 88-53.

121 F.Supp. 690 (1954)

PEONY PARK, Inc. v. O'MALLEY, Collector of Internal Revenue. WEBBER v. O'MALLEY, Collector of Internal Revenue. WEBBER et al. v. O'MALLEY, Collector of Internal Revenue. KING et al. v. O'MALLEY, Collector of Internal Revenue et al. PAULEY LUMBER CO. v. O'MALLEY, Collector of Internal Revenue et al. SLOAN et al. v. UNITED STATES et al. FERGUSON et al. v. UNITED STATES. SCHAMP et al. v. UNITED STATES. HOWELLS VOLUNTEER FIRE DEPT. v. UNITED STATES.

United States District Court, D. Nebraska, Omaha Division.

June 10, 1954.

Attorney(s) appearing for the Case

William J. Hotz, William J. Hotz, Jr., and Robert M. Kane, Omaha, Neb., for plaintiffs.

Donald R. Ross, U. S. Atty., Dist. of Nebraska, Omaha, Neb., H. Brian Holland, Asst. Atty. Gen., and Andrew D. Sharpe, and Fred J. Neuland, Special Assts. to the Atty. Gen., for defendants.

DONOHOE, Chief Judge.

The court is presently concerned with nine tax cases involving substantially the same narrow point. The procedure followed with respect to assessment and collection of the taxes was not precisely the same in each individual case, but the parties seem to concede, for the purpose of reaching a determination in all the cases on the merits, that the necessary conditions precedent to institution of these actions for tax refunds by the petitioners...

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