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KELLER & GOETZ, INC. v. UNITED STATES

No. 151, Docket 29102.

337 F.2d 858 (1964)

KELLER & GOETZ, INC., Plaintiff-Appellant, v. The UNITED STATES of America, Defendant-Respondent.

United States Court of Appeals Second Circuit.

Decided November 18, 1964.

Attorney(s) appearing for the Case

Charles E. Cooney, Jr., Costello, Cooney & Fearon, Syracuse, N. Y., for plaintiff-appellant.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, David O. Walter, Morton K. Rothschild, Attorneys, Dept. of Justice, Washington, D. C., Justin J. Mahoney, U. S. Atty., of counsel, for appellee.

Before SWAN, WATERMAN and MOORE, Circuit Judges.

PER CURIAM:

This is an appeal from a judgment dismissing the complaint in an action to recover federal income taxes allegedly illegally collected for the fiscal year ending April 30, 1958. Appellants' brief asks us to reconsider our decision in Dwight v. U. S., 2 Cir., 328 F.2d 973, which is conceded to be directly in point. We see no reason to do so and affirm the judgment on that...

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