LA FOLLETTE v. UNITED STATES

No. 1900.

173 F.Supp. 388 (1959)

Dwight E. LA FOLLETTE and Margaret L. LaFollette, husband and wife, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. California, N. D.

May 28, 1959.


Attorney(s) appearing for the Case

Kimble, Thomas, Snell, Jamison & Russell, Fresno, Cal., Thomas W. Elke, Fresno, Cal., for plaintiffs.

Laughlin E. Waters, U. S. Atty., Robert H. Wyshak, Los Angeles, Cal., Asst. U. S. Atty., for defendant.


HALL, District Judge.

In this suit for refund the government relies upon the doctrine of equitable recoupment, and the facts which are detailed and complicated are not in dispute and will be adverted to only as needed.

There is no contention of fraud or evasion or concealment on the part of the plaintiffs.

The crucial question is whether or not the government was bound to proceed by suit to collect an erroneous refund made by its check on October 21...

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