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MURRAY v. UNITED STATES

No. 5817.

292 F.2d 602 (1961)

James S. MURRAY, Etc., Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals First Circuit.

July 19, 1961.

Attorney(s) appearing for the Case

James M. Kendrick, Boston, Mass., for appellant.

Earl J. Silbert, Atty., Dept. of Justice, Washington, D. C., with whom Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and Melva M. Graney, Attys., Dept. of Justice, Washington D. C., W. Arthur Garrity, Jr., U. S. Atty., and James C. Heigham, Asst. U. S. Atty., Boston, Mass., were on the brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

HARTIGAN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Massachusetts entered for the defendant, the United States of America. Plaintiff-appellant, James S. Murray, individually and as executor of the estate of Elsie Murray,1 sued to recover a refund in the amount of $15,725.06 paid by plaintiff as income tax of $8,897.55 and interest of $6,827.51 for the calendar years 1943 to...

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