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CHERRY v. UNITED STATES

Civ. Nos. 64-377, 64-378, 66-1163.

264 F.Supp. 969 (1967)

Ray K. CHERRY and John H. Hadley, Plaintiffs, v. UNITED STATES of America, Defendant. Ray K. CHERRY, John H. Hadley, A. G. Harrold and Max B. Elliott, Plaintiffs, v. UNITED STATES of America, Defendant. UNITED STATES of America, Plaintiff, v. LORAINE PARK HOMES, a California corporation, Flower Street Investments, Inc., a California corporation, Ben Lomond Homes, Inc., a California corporation, HAQ Investments, Inc., a California corporation, Coast Investment Company, a California corporation, Alosta Corporation, a California corporation, Ray K. Cherry, John H. Hadley, A. G. Harrold, and Max B. Elliott, Defendants.

United States District Court C. D. California.

February 3, 1967.

Attorney(s) appearing for the Case

Adam Y. Bennion, Mackay, McGregor & Bennion, Hilbert P. Zarky and Mitchell, Silberberg & Knupp, Los Angeles, Cal., for plaintiffs in Civ. 64-377 and Civ. 64-378, and defendants in Civ. 66-1163.

Manuel L. Real, U. S. Atty., and Loyal E. Keir and Jerry R. Stern, Asst. U. S. Attys., Los Angeles, Cal., for the United States.

DECISION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW

HAUK, District Judge.

Two actions against the United States for refund of Federal corporate income taxes erroneously and illegally assessed, collected by the Government and overpaid by the individual taxpayer plaintiffs as shareholders and transferees of three dissolved corporations; and one counteraction by the United States against the said individual taxpayers, the three dissolved corporations and three...

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