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DUNN v. UNITED STATES

Civ. Nos. 64-338 to 64-342.

259 F.Supp. 828 (1966)

Crumes H. DUNN and Ruth Adele Dunn, Plaintiffs, v. UNITED STATES of America, Defendant (two cases). DUNN-McLEAN ENTERPRISES, INC., Plaintiffs, v. UNITED STATES of America, Defendant. Allie McLEAN, for herself, and as Devisee of R. L. McLean, Deceased, Plaintiff, v. UNITED STATES of America, Defendant (two cases).

United States District Court W. D. Oklahoma.

August 15, 1966.

Attorney(s) appearing for the Case

Charles C. Dunn, Tulsa, Okl., for plaintiffs.

Robert I. White, Attorney, Tax Division, Department of Justice, Fort Worth, Tex., for defendant.

MEMORANDUM OPINION

DAUGHERTY, District Judge.

In this case the plaintiffs sue for tax refunds under the provisions of 28 United States Code, Section 1346(a) (1).

Prior to 1958, Crumes H. Dunn and R. L. McLean, as partners, obtained "Dairy Queen" franchises from the State franchise holder for several geographical areas, each franchise being exclusive for the area involved. These franchises provided that the purchasers of the franchise would indefinitely...

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