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LIFETIME SIDING, INC. v. UNITED STATES

No. 58, Docket 29184.

359 F.2d 657 (1966)

LIFETIME SIDING, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 22, 1966.

Attorney(s) appearing for the Case

Thomas C. Hartzell, Rochester, N. Y., for plaintiff-appellant.

Marvin J. Garbis, Atty., Dept. of Justice, Washington, D. C. (John B. Jones, Jr., Acting Asst. Atty. Gen., Lee A. Jackson and George F. Lynch, Attys., Dept. of Justice, Washington, D. C., John T. Curtin, U. S. Atty., and Stephen S. Joy, and C. Donald O'Connor, Asst. U. S. Attys., Buffalo, N. Y., on the brief), for defendant-appellee.

Before KAUFMAN and HAYS, Circuit Judges, and TIMBERS, District Judge.

TIMBERS, District Judge:

Lifetime Siding Inc., a New York corporation engaged in the vicinity of Rochester in selling and applying new roofing and siding for homes in need of repair, appeals from a judgment of the United States District Court for the Western District of New York, John O. Henderson, District Judge, after a 4 day jury trial, dismissing its complaint in a tax refund suit brought pursuant to 28 U.S.C. § 1346(a) (1) to recover $7,556.80 of social...

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