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KISTING v. SAUBER

No. 14242.

325 F.2d 316 (1963)

Joseph F. KISTING and Virginia V. Kisting, Plaintiffs-Appellants, v. Ernest SAUBER, District Director of Internal Revenue, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

December 4, 1963.

Attorney(s) appearing for the Case

William Elden, Chicago, Ill., for appellants.

Louis F. Oberdorfer, Asst. Atty. Gen., Robert J. Golten, Atty., U. S. Dept. of Justice, Washington, D. C., Frank E. McDonald, U. S. Atty., Chicago, Ill., Lee A. Jackson, Harry Baum, Martin B. Cowan, Attys., Dept. of Justice, Washington, D. C., James P. O'Brien, U. S. Atty., of counsel, for appellee.

Before SCHNACKENBERG, CASTLE and KILEY, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

Joseph F. Kisting and Virginia V. Kisting, his wife, plaintiffs, have appealed from an order of the district court sustaining the motion of Ernest Sauber, District Director of Internal Revenue, defendant, to dismiss the cause instituted by them on October 31, 1961, for a refund of income taxes paid for the year 1954 claimed to have been illegally assessed.

The uncontroverted material facts appear from the plaintiffs' complaint...

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