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BRUNDAGE v. UNITED STATES

No. 12762.

275 F.2d 424 (1960)

Avery BRUNDAGE and Elizabeth D. Brundage, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 30, 1960.

Attorney(s) appearing for the Case

Ralph E. Davis, C. Ives Waldo, Jr., William P. Sutter, Chicago, Ill., Hopkins, Sutter, Owen, Mulroy & Wentz, Chicago, Ill., of counsel, for appellants.

Charles K. Rice, Asst. Atty. Gen., Loring W. Post, Atty., U. S. Dept. of Justice, Washington, D. C., Robert Tieken, U. S. Atty., Chicago, Ill., Lee A. Jackson, Harry Baum, Attys., Dept. of Justice, Washington, D. C., H. M. Silets, Asst. U. S. Atty., Chicago, Ill., for appellee.

Before MAJOR, SCHNACKENBERG and CASTLE, Circuit Judges.

Rehearing Denied In Banc March 30, 1960.

SCHNACKENBERG, Circuit Judge.

Avery Brundage and Elizabeth D. Brundage, his wife, plaintiffs, appealed from the district court's order dismissing with prejudice and costs their complaint for a refund of federal income tax in the amount of $39,076.12, paid by them as a deficiency for the calendar year 1948, plus interest in the amount of $7,731.07 paid by them upon said deficiency, a total of $46,807.19, plus interest...

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