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REYNOLDS v. UNITED STATES

No. 91, Docket 29004.

338 F.2d 1 (1964)

Edith R. REYNOLDS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 5, 1964.

Attorney(s) appearing for the Case

Frederick M. Schlater, of Duer & Taylor, New York City (Arthur E. McInerney, New York City, on the brief), for plaintiff-appellant.

Bruno Lederer, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, Laurence Vogel, Asst. U. S. Atty., on the brief), for defendant-appellee.

Before FRIENDLY, KAUFMAN and ANDERSON, Circuit Judges.

PER CURIAM:

Mrs. Reynolds sued the United States to recover $58,990.05, plus interest, paid by her in Federal income taxes for the fiscal years 1953 and 1954. A jury by special verdict found that she was entitled to a partial refund of $16,764.16. Mrs. Reynolds appeals from the judgment entered upon that special verdict insofar as it failed to award her the full recovery she sought.

At the trial the principal problem was to determine the fair market value...

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