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MESKER v. UNITED STATES

No. 65C 356(3).

261 F.Supp. 817 (1966)

John B. G. MESKER and Grace Mesker, his wife, Plaintiffs, v. UNITED STATES of America, Defendant. UNITED STATES of America, Third-Party Plaintiff, v. A TRUST, u/w/o Frank MESKER, Dec'd, and Francis A. Mesker, John B. G. Mesker, and A. B. Kolmer, Trustees, A Trust, u/w/o Pauline G. Mesker, Dec'd, and Francis A. Mesker, John B. G. Mesker, and A. B. Kolmer, Trustees, Third-Party Defendants.

United States District Court E. D. Missouri, E. D.

November 3, 1966.

Attorney(s) appearing for the Case

Henry C. Lowenhaupt, Lowenhaupt, Chasnoff, Freeman & Holland, St. Louis, Mo., for plaintiffs.

Richard D. FitzGibbon, Jr., U. S. Atty., by John A. Newton, St. Louis, Mo., for defendant and third-party plaintiff.

Henry C. Lowenhaupt, St. Louis, Mo., for third-party defendants.

MEMORANDUM OPINION AND ORDER

REGAN, District Judge.

This is an action for the recovery of income taxes in the amount of $44,842.90 alleged to have been overpaid by plaintiffs, for the calendar years 1960, 1961 and 1962. The suit was timely filed and jurisdiction of this court exists under 28 U.S.C.A. § 1346. The defendant filed a third-party complaint against the trust under the will of Frank Mesker, Deceased, and against Francis A. Mesker, John B....

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