BENNETT v. UNITED STATES

No. 17189.

293 F.2d 323 (1961)

R. Guy BENNETT and R. Guy Bennett, Executor of the Estate of Mildred Bennett, Deceased, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

August 2, 1961.


Attorney(s) appearing for the Case

Francis J. Butler, Spokane, Wash., and C. Orno Shoemaker, Clarkston, Wash., for appellant.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott, and Charles B. E. Freeman, Kenneth Levin, Attys., Dept. of Justice, Washington, D. C., and Dale M. Green, U. S. Atty., and Patrick H. Shelledy, Asst. U. S. Atty., Spokane, Wash., for appellee.

Before BARNES, HAMLIN and JERTBERG, Circuit Judges.


JERTBERG, Circuit Judge.

This is an action to recover federal income taxes and interest allegedly overpaid by appellant for the taxable year ending December 31, 1955, recovery of which was denied by the district court.

The district court had jurisdiction under Title 28 U.S.C.A. § 1346(a) (1). This Court has jurisdiction under Title 28 U.S.C.A. §§ 1291 and 1294.

Appeal from the final judgment of the district court was taken by appellant...

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