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SPIVAK v. UNITED STATES

No. 206, Docket 30633.

370 F.2d 612 (1967)

Ben D. SPIVAK and David S. Shapiro, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 4, 1967.

Attorney(s) appearing for the Case

Myron L. Shapiro, New York City, (Donald J. Swords, New York City, on the brief), for plaintiffs-appellants.

Laurence Vogel, Asst. U. S. Atty., Southern District of New York (Robert M. Morgenthau, U. S. Atty., So. District of New York, and Joseph Kovner, Dept. of Justice, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Ben D. Spivak and David S. Shapiro appeal from a May 16, 1966 judgment of the United States District Court for the Southern District of New York, Richard H. Levet, Judge, which dismissed their complaint for a refund of taxes and awarded the United States $27,192.27 with interest and costs on its counterclaim for 100% penalties pursuant to §§ 66721 and...

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