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WEBSTER v. UNITED STATES

No. 207, Docket 30699.

371 F.2d 441 (1967)

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

United States Court of Appeals Second Circuit.

Decided January 10, 1967.

Attorney(s) appearing for the Case

Herman J. Walz, Lamb, Webster, Walz, Telesca & Donovan, Rochester, N. Y., for plaintiffs-appellees.

Thomas Silk, Jr., Atty., Dept. of Justice, Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, David O. Walter, Attys., Dept. of Justice, John T. Curtin, U. S. Atty., C. Donald O'Connor, Asst. U. S. Atty., for defendant-appellant.

Before WATERMAN, SMITH and KAUFMAN, Circuit Judges.

PER CURIAM:

The judgment below is affirmed in open court on the summary judgment memorandum of Judge Burke below, D.C., 262 F.Supp. 718, and on the persuasive authority of Heard v. Commissioner of Internal Revenue, 269 F.2d 911

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