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UNITED STATES v. ROGERS

No. 14086.

286 F.2d 277 (1961)

UNITED STATES of America, Appellant, v. Julian G. ROGERS, Appellee (two cases). UNITED STATES of America, Appellant, v. Julian G. ROGERS and Margaret H. Rogers, Appellees.

United States Court of Appeals Sixth Circuit.

January 27, 1961.

Attorney(s) appearing for the Case

Joseph Kovner, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Harry Baum, Attorneys, Department of Justice, Washington, D. C., and Jean L. Auxier, U. S. Atty., Lexington, Ky., on brief, for appellant.

William R. Bagby, Lexington, Ky., for appellee.

Before MILLER, CECIL and WEICK, Circuit Judges.

CECIL, Circuit Judge.

This is an appeal from judgments of the United States District Court for the Eastern District of Kentucky. Julian G. Rogers filed three separate actions in the District Court for the refund of income taxes for the years 1947, 1948 and 1949. In 1949 he filed a joint return with his wife Margaret H. Rogers and she is a co-plaintiff with him for the recovery of taxes for that year. The three cases were consolidated for trial and were tried to a...

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