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KUHN v. UNITED STATES

Civ. A. 549-56.

157 F.Supp. 331 (1958)

Otto E. KUHN and Edna R. Kuhn, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. New Jersey.

January 3, 1958.

Attorney(s) appearing for the Case

Frankel & Frankel, by Leopold Frankel, Paterson, N. J., for plaintiffs.

Chester A. Weidenburner, U. S. Atty, Newark, N. J., by George J. Rossi, Asst. U. S. Atty., Newark, N. J., and George Elias, Jr., Washington, D. C., for the Government.

WORTENDYKE, District Judge.

Suing under 28 U.S.C. § 1346(a) (1), plaintiffs (husband and wife) seek to recover $7,903.86, the amount of income tax paid, for the year 1953, by the husband (herein called Kuhn) assessed on $12,250, received during the year by him under a written contract, dated May 31, 1951, with Botany Mills, Inc., a New Jersey corporation, (herein called Botany). He contends that the amount so received

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