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CURTIS v. UNITED STATES

No. 15471.

336 F.2d 714 (1964)

Lynn B. CURTIS and Ruth P. Curtis, Plaintiffs-Appellants, v. The UNITED STATES, Defendant Appellee.

United States Court of Appeals Sixth Circuit.

September 22, 1964.

Attorney(s) appearing for the Case

M. J. Stauffer, of Flynn, Py & Kruse, Sandusky, Ohio, for appellants.

Richard J. Heilman, Department of Justice, Washington, D. C., Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Harry Baum, Attorneys, Department of Justice, Washington, D. C., on brief; Merle M. McCurdy, U. S. Atty., Toledo, Ohio, of counsel, for appellee.

Before MILLER, CECIL and EDWARDS, Circuit Judges.

EDWARDS, Circuit Judge.

This is a suit for refund of income taxes assessed by the Commissioner of Internal Revenue and paid under protest. The United States District Judge who heard the case in the United States District Court for the Northern District of Ohio, Western Division, rendered judgment for the government as to the issues herein discussed.

This appeal requires us to consider the purpose and the operation of one of the most debated provisions of federal...

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