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BUHL v. MENNINGER

No. 13280.

251 F.2d 659 (1958)

Theodore D. BUHL, and Anastasia R. Buhl, his wife, Appellants, v. A. M. MENNINGER, Director of Internal Revenue, Detroit, Michigan, Appellee.

United States Court of Appeals Sixth Circuit.

January 23, 1958.

Attorney(s) appearing for the Case

John R. Starrs, Detroit, Mich., and Wurzer, Higgins & Starrs, Detroit, Mich., on the brief, for appellants.

Sheldon I. Fink, Washington, D. C., and Charles K. Rice, John N. Stull, Harry Baum, Walter R. Gelles, Washington, D. C., Frederick W. Kaess, Detroit, Mich., on the brief, for appellee.

Before MARTIN, McALLISTER, and MILLER, Circuit Judges.

PER CURIAM.

Appellants filed an action against the District Director of Internal Revenue, claiming that his denial of their petition for refund of taxes theretofore illegally paid to his predecessor in office was arbitrary and capricious. Upon the dismissal of their complaint by the district court, they appealed.

The District Director's predecessor, who collected the taxes, had died before the suit was commenced.

In Sage v. United States,

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