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FREEMAN v. UNITED STATES

No. 15981.

265 F.2d 66 (1959)

Walter F. FREEMAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

March 26, 1959.

Attorney(s) appearing for the Case

Philip Crittenden, Crittenden & Gibbs, San Diego, Cal., for appellant.

Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott, S. Carter Bledsoe, Grant W. Wiprud, Attys., Dept. of Justice, Washington, D. C., Laughlin E. Waters, U. S. Atty., Edward R. McHale, Rembert T. Brown, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before BARNES, HAMLEY, and JERTBERG, Circuit Judges.

HAMLEY, Circuit Judge.

Asserting that the United States Navy had erroneously withheld taxes from his retirement pay, plaintiff instituted this suit for a refund. The action was brought under 28 U.S.C.A. § 1346(a) (1) and the amount sought to be recovered was $22.10. The United States answered with a general denial and a counterclaim to recover $256.90 for unpaid taxes. Judgment was entered for the government and plaintiff appeals.

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