KLEIGER v. McMAHON


128 F.Supp. 741 (1954)

Frank T. KLEIGER and Conrad Rosenbaum, Plaintiffs, v. Denis J. McMAHON, as Director of Internal Revenue for the United States Government, and the United States of America, Defendants.

United States District Court, S. D. New York.

November 16, 1954.


Attorney(s) appearing for the Case

Alfred S. Julien, New York City, for plaintiffs.

J. Edward Lumbard, New York City, for defendants. J. Donald McNamara, Asst. U. S. Atty., New York city, of counsel.


WALSH, District Judge.

Plaintiffs, as certified public accountants, by this action have attempted to recover $1,258.07 from the government as assignees of a refund for overpayment of taxes allegedly due their client. The government's motion for summary judgment based upon its counterclaim against the assignor is granted.

Plaintiffs' claim that they were retained on a contingent fee basis to prosecute the claim for this refund and that the amount of their fee...

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