MEMORANDUM OF DECISION
STEPHENS, District Judge.
This is an action brought for refund of federal income tax erroneously collected. Plaintiffs were represented by Surr & Hellyer by Thomas H. McPeters, Esq. and defendant was represented by Wm. Matthew Byrne, Jr., Esq., United States Attorney, Loyal E. Keir, Esq., Assistant United States Attorney, Chief, Tax Division, by Richard L. Fishman, Esq., Assistant United States Attorney.
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