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DUNN v. UNITED STATES

Nos. 9253-9257.

400 F.2d 679 (1968)

Crumes H. DUNN and Ruth Adele Dunn, Appellants, v. UNITED STATES of America, Appellee (two cases). DUNN-McLEAN ENTERPRISES, INC., Appellant, v. UNITED STATES of America, Appellee. Allie McLEAN, for herself, and as Devisee of R. L. McLean, Deceased, Appellant, v. UNITED STATES of America, Appellee (two cases).

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 20, 1969.

Attorney(s) appearing for the Case

Charles Dunn and Dennis I. Meyer, Tulsa, Okl. (Andre M. Saltoun, Tulsa, Okl., with them on the brief), for appellants.

Grant W. Wiprud, Washington, D. C. (Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, David O. Walter, Martin T. Goldbaum, Attys., Dept. of Justice, Washington, D. C., B. Andrew Potter, U. S. Atty., of counsel, with him on the brief), for appellee.

Before JONES, BREITENSTEIN and SETH, Circuit Judges.

SETH, Circuit Judge.

This appeal involves five consolidated actions to recover income taxes for the years 1958 and 1959 under 28 U.S.C. § 1346(a) (1).

The record shows that the appellants Dunn and McLean were engaged in the Dairy Queen business in northern Oklahoma under subfranchises which they had purchased from the state franchise holder. They had undertaken to pay 28 cents per gallon on the Dairy Queen mix...

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