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COOK v. UNITED STATES

Nos. 3-57-35 to 3-57-37.

165 F.Supp. 212 (1958)

Clement F. COOK, Plaintiff, v. UNITED STATES of America, Defendant. Wilfred L. COOK, Plaintiff, v. UNITED STATES of America, Defendant. Wilfred L. COOK and Patricia Cook, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. Minnesota, Third Division.

August 22, 1958.

Attorney(s) appearing for the Case

Joseph A. Maun, Jerome B. Simon and Burton G. Weisberg, St. Paul, Minn. (Bundlie, Kelley & Maun, St. Paul, Minn., of counsel), for plaintiffs.

Charles K. Rice, Asst. Atty. Gen., James P. Garland, Lyle M. Turner and Sheldon J. Gitelman, Washington, D. C., by Sheldon J. Gitelman, George E. MacKinnon, U. S. Atty., St. Paul, Minn., for defendant.

DONOVAN, District Judge.

These three cases, consolidated for trial, were brought by plaintiffs to recover a refund of federal income taxes. Defendant admits payment of the taxes and seasonable claim for refund in each case.

Most of the facts are undisputed and a general statement thereof will be made as applicable in each case.

Clement F. Cook and Wilfred L. Cook, during all times material herein, were partners in the business of operating a mink ranch...

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