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THURNER v. UNITED STATES

No. 62-C-114.

260 F.Supp. 292 (1966)

Robert E. THURNER, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. Wisconsin.

November 1, 1966.

Attorney(s) appearing for the Case

Alfred A. Heon, Robert P. Harland, and John L. Palmer, of Whyte, Hirschboeck, Minahan, Harding & Harland, Milwaukee, Wis., for plaintiff.

David A. Wilson, Jr., Daniel J. Dinan, Attys., Dept. of Justice, Washington, D. C., James B. Brennan, U. S. Atty., by Franklyn M. Gimbel, Asst. U. S. Atty., Milwaukee, Wis., for defendant.

OPINION AND ORDER

GRUBB, Senior District Judge.

This is an action for refund of payments of withholding and F.I.C.A. taxes. This court has jurisdiction under Section 1346(a) (1), Title 28 United States Code.

Plaintiff was president and majority stockholder of Thurner Heat Treating Company. Its sales in 1957 were approximately a million dollars, and it employed seventy-five people. Plaintiff conducted the general operation of the business and

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