DECISION
GRUBB, Senior District Judge.
The actions for refund of payments of civil fraud penalties for the years 1957, 1958, and 1959, in the total amount of $1,369.31, were consolidated for purpose of trial. The cases are submitted for decision on the stipulation of the parties, the deposition of Herman A. Rohde taken on December 16, 1965, and, by agreement of the parties, on the record of the criminal trial in which plaintiff Herman A. Rohde was acquitted...
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