WEBSTER v. UNITED STATES

Civ. No. 11208.

262 F.Supp. 718 (1966)

Luther Ira WEBSTER and Edna H. Webster, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court W. D. New York.

December 30, 1965.


Attorney(s) appearing for the Case

Lamb, Webster, Walz, Telesca & Donovan, Rochester, N. Y., for plaintiffs.

John T. Curtin, U. S. Atty., for defendant; Richard M. Roberts, Acting Asst. Atty. Gen., David A. Wilson, Jr., Burton G. Lipsky, Attys., Dept. of Justice, of counsel.


BURKE, Chief Judge.

Plaintiffs sue for refund, with interest, of income taxes paid for the years 1961, 1962, and 1963.

By notice of motion filed August 23, 1965 the defendant moved for summary judgment. The plaintiffs filed a cross-motion dated August 24, 1965 for summary judgment for the relief demanded in the complaint. The parties on July 23, 1965 filed a written stipulation of facts. No issue of fact remains for determination.

The motions present...

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