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JOHNSON v. UNITED STATES

Civ. A. No. 6838.

187 F.Supp. 224 (1960)

Lytton Paul JOHNSON, Trading and Doing Business as Johnson's Crescent City Tours, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. Louisiana, New Orleans Division.

September 14, 1960.

Attorney(s) appearing for the Case

David W. Palmer, Destin, Fla., for plaintiff.

Bernard J. Schoenberg, Tax Division, U. S. Dept. of Justice, Washington, D. C., for defendant.

J. SKELLY WRIGHT, District Judge.

This is a suit for refund of transportation taxes1 paid by a sightseeing tour operator for the years 1950 through 1954. Plaintiff contends that since his limousines carried less than ten passengers and allegedly did not operate on an "established line"2 he is exempted from the tax. But at the threshold of the case is the question whether plaintiff has standing to sue. In principle...

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