GIBSON v. UNITED STATES

No. 22430.

360 F.2d 457 (1966)

H. R. GIBSON, Sr., et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 11, 1966.


Attorney(s) appearing for the Case

Robert Edwin Davis, Wentworth T. Durant, Dallas, Tex., Ronald M. Mankoff, Dallas, Tex., for appellants.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice, Washington, D. C., Melvin Diggs, U. S. Atty., Dallas, Tex., Robert N. Anderson, Donald W. Williamson, Jr., Attys., Dept. of Justice, Washington, D. C., Richard M. Roberts, Acting Asst. Atty. Gen., Gilbert E. Andrews, Atty., Dept. of Justice, Washington, D. C., Martha Joe Stroud, Asst. U. S. Atty., of counsel, for appellee.

Before HUTCHESON and RIVES, Circuit Judges, and FULTON, District Judge.


HUTCHESON, Circuit Judge:

This appeal is from a judgment allowing in part and denying in part appellant Gibson's refund claim for federal retailer's excise taxes allegedly overpaid. Gibson urges that it was entitled to the entire amount of refund claimed; contends that it proved this in the court below; and requests that we now allow the refund in full. We agree with the findings and conclusions of the district court and accordingly affirm its decision.

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