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MURRAY v. UNITED STATES

No. 5941.

300 F.2d 804 (1962)

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

United States Court of Appeals First Circuit.

Decided April 2, 1962.

Attorney(s) appearing for the Case

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

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

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

ALDRICH, Circuit Judge.

This case, previously before this court, 1 Cir., 292 F.2d 602 (1961), is a suit for refund of alleged overpayment of income tax. The government admitted the overpayment, but alleged that taxpayer had authorized it to transfer that amount to satisfy a deficiency in his sister-in-law's tax, and that it had done so. Taxpayer denied having consented. The district court, trying the case without jury, found for the...

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