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BOOKWALTER v. MAYER

Nos. 17660, 17661.

345 F.2d 476 (1965)

Edwin O. BOOKWALTER, District Director of Internal Revenue, Appellant, v. Joe and Imogene MAYER, Appellees. Edwin O. BOOKWALTER, District Director of Internal Revenue, Appellant, v. Joe MAYER, Administrator, Estate of Edith Mayer, Appellee.

United States Court of Appeals Eighth Circuit.

April 30, 1965.

Attorney(s) appearing for the Case

Loring W. Post, Attorney, Department of Justice, Washington, D. C., Louis F. Oberdorfer, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Lee A. Jackson and Melva M. Graney, Attorneys, Dept. of Justice, Washington, D. C., and F. Russell Millin, U. S. Atty., and William A. Kitchen, Asst. U. S. Atty., Kansas City, Mo., for appellant.

J. J. Thyson, St. Louis, Mo., for appellees.

Before VAN OOSTERHOUT and MATTHES, Circuit Judges, and YOUNG, District Judge.

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by the Government from a final judgment of the District Court in favor of plaintiffs Joe and Imogene Mayer for $19,032.85 and Joe Mayer, Administrator of the Estate of Edith Mayer for $1,245.34 for refund of 1958 income taxes found to have been erroneously assessed to and paid by such taxpayers. The actions were commenced separately, were consolidated in the trial court, and here. The issues of law and fact in each...

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