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LESSER v. UNITED STATES

No. 220, Docket 30059.

368 F.2d 306 (1966)

Jack M. LESSER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 9, 1966.

Attorney(s) appearing for the Case

Daniel H. Greenberg, New York City (Marvin Margolis, New York City, on the brief), for appellant.

Deene R. Goodlaw, Atty., Dept. of Justice, Washington, D. C. (Richard M. Roberts, Acting Asst. Atty. Gen., Lee A. Jackson and Harold C. Wilkenfeld, Attys., Dept. of Justice, Washington, D. C., Joseph P. Hoey, U. S. Atty., and Ralph A. Bontempo, Asst. U. S. Atty., E.D.N. Y., on the brief), for appellee.

Before LUMBARD, Chief Judge, WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS, ANDERSON and FEINBERG, Circuit Judges, en banc on the issue of burden of proof.

SMITH, Circuit Judge:

Jack M. Lesser appeals from the denial of his motion for summary judgment on the counterclaim of the United States in the United States District Court for the Eastern District of New York, Jacob Mishler, Judge, 242 F.Supp. 480, and from a judgment on that counterclaim in favor of the government, following a jury verdict in its favor, Walter Bruchhausen, District Judge. Lesser sued for a refund of taxes paid...

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