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CAMPAGNA v. UNITED STATES

No. 284, Docket 26316.

290 F.2d 682 (1961)

Anthony CAMPAGNA and Marie P. Campagna, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 10, 1961.

Attorney(s) appearing for the Case

Sidney Feldshuh, New York City (Jerome Kamerman, Sidney Rabekoff, New York City, on the brief), for appellants.

Joseph M. Field, Asst. U. S. Atty., New York City (Morton S. Robson, U. S. Atty. for Southern District of New York, Stephen Kurzman, Asst. U. S. Atty., New York City, on the brief), for appellee.

Before MOORE, FRIENDLY and SMITH, Circuit Judges.

LEONARD P. MOORE, Circuit Judge.

Plaintiffs brought this action in the District Court to recover income taxes alleged to have been erroneously assessed and collected by the United States for the tax years 1941, 1943, 1944 and 1945. From a judgment for defendant, plaintiff appeals.

The stipulated facts, which appear in the District Court's decision (179 F.Supp. 140), are briefly...

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