MEERSMAN v. UNITED STATES

No. 16656.

370 F.2d 109 (1966)

J. Peter MEERSMAN and La Una Gay Meersman, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

December 14, 1966.


Attorney(s) appearing for the Case

Robert G. McCullough, Nashville, Tenn. (William Waller, Nashville, Tenn., on the brief; Waller, Lansden & Dortch, Nashville, Tenn., of counsel), for appellants.

J. Edward Shillingburg, Dept. of Justice, Washington, D. C. (Richard M. Roberts, Acting Asst. Atty. Gen., Meyer Rothwacks, David O. Walter, Dept. of Justice, Washington, D. C., on the brief; James F. Neal, U. S. Atty., Thomas H. Shriver, Asst. U. S. Atty., Nashville, Tenn., of counsel), for appellee.

Before EDWARDS and PECK, Circuit Judges, and FOX, District Judge.


PER CURIAM.

As is indicated by the fact that this case was presented to the District Court on the crossed motions of the parties for summary judgment, the facts are not in dispute. Plaintiffs-appellants (husband and wife from whose joint income tax return the issue herein arose, and sometimes hereinafter referred to as "taxpayers") stored wearing apparel in a cedar chest which was destroyed in the course of a single winter by carpet beetles or their larvae. In their...

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