GEARHART v. UNITED STATES

Civ. A. No. 5594.

269 F.Supp. 309 (1967)

Joseph P. GEARHART, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. Virginia, Norfolk Division.

June 9, 1967.


Attorney(s) appearing for the Case

Willcox, Savage, Lawrence, Dickson & Spindle, Richard B. Spindle, III, Norfolk, Va., for plaintiff.

Claude Vernon Spratley, Jr., U. S. Atty., Norfolk, Va., James A. Oast, Jr., Asst. U. S. Atty., Tax Division, Dept. of Justice, Jerry A. Wells, Washington, D. C., for defendant.


MEMORANDUM

WALTER E. HOFFMAN, Chief Judge.

This suit was instituted under 28 U.S.C. § 1346(a) (1) for the recovery of an excise tax which was allegedly collected erroneously from plaintiff. Although the amount in controversy in this case is only $231.30, plus interest, there are a number of similarly situated taxpayers whose rights will be determined by the outcome of this test case. The essential facts, most of which were stipulated, are set forth...

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