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JOHNSTON v. UNITED STATES

No. 6328.

337 F.2d 708 (1964)

John R. JOHNSTON, Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals First Circuit.

Decided November 3, 1964.

Attorney(s) appearing for the Case

John R. Johnston, Boston, Mass., pro se, with whom Warner, Stackpole, Stetson & Bradlee, Boston, Mass., was on brief.

Frederick E. Youngman, Dept. of Justice, with whom Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, David O. Walter and George F. Lynch, Dept. of Justice, W. Arthur Garrity, Jr., U. S. Atty., and Murray H. Falk, Asst. U. S. Atty., were on brief, for appellee.

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

WOODBURY, Chief Judge.

The plaintiff-appellant brought suit in the court below under Title 28 U.S.C. § 1346(a) (1) to recover $6.57 paid by him to the District Director of Internal Revenue as the tax, with interest, imposed by Title 26 U.S.C. § 4241(a) on $40 paid by him to the Maugus Club of Wellesley, Massachusetts, for the privilege of participating with his wife in the club's bowling league competition. The court below on cross motions for summary judgment...

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