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UNITED STATES v. HARRIS

No. 14978.

216 F.2d 690 (1954)

UNITED STATES of America, Appellant, v. Charles A. HARRIS, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 4, 1955.

Attorney(s) appearing for the Case

Harlan Pomeroy, Sp. Asst. to Atty. Gen., Ellis N. Slack, H. Brian Holland, Asst. Attys. Gen., Howard P. Locke, Sp. Asst. to Atty. Gen., Frank O. Evans, U. S. Atty., Joseph H. Davis, Asst. U. S. Atty., Macon, Ga., for appellant.

Theo. J. McGee, Columbus, Ga., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges.

HUTCHESON, Chief Judge.

This appeal from a summary judgment for the plaintiff in a tax refund suit presents for decision: a primary question, whether the district judge erred in holding that, on the record1 made, there was no genuine issue of fact and plaintiff was therefore entitled to summary judgment; and the secondary one, whether the court erred in sustaining objections of the plaintiff to...

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