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SMITH-WYNN POST NO. 96, V. F. W. v. UNITED STATES

Civ. A. No. 1701-N.

197 F.Supp. 140 (1961)

SMITH-WYNN POST NO. 96, VETERANS OF FOREIGN WARS OF THE UNITED STATES, a corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court M. D. Alabama, N. D.

August 16, 1961.

Attorney(s) appearing for the Case

Duke & Thorington, Montgomery, Ala., for plaintiff.

Louis F. Oberdorfer, Asst. Atty. Gen., Lyle M. Turner, Charles Mehaffy, Thomas A. Frazier, Jr., William C. Golden, attys., U. S. Dept. of Justice, Washington, D. C., and Hartwell Davis, U. S. Atty., Montgomery, Ala., for defendant.

JOHNSON, District Judge.

This cause is now submitted upon the motion of the United States of America made pursuant to Rule 12 (b) (6) of the Federal Rules of Civil Procedure, 28 U.S. C.A., wherein the United States seeks to have this Court dismiss the taxpayer's complaint for failure to state a claim upon which relief may be granted.

The taxpayer, Smith-Wynn Post No. 96 Veterans of Foreign Wars of the United States, is a post of war veterans organized in the...

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