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FOX v. UNITED STATES

No. 18886.

397 F.2d 119 (1968)

E. F. FOX, Individually and as Executor of the Estate of Alice C. Fox, Deceased, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

June 28, 1968.

Attorney(s) appearing for the Case

Garry A. Pearson (of Arnason & Pearson), Grand Forks, N. D., for appellant and filed brief and reply brief.

J. Edward Shillingburg, Atty., Dept. of Justice, Washington, D. C., for appellee; Mitchell Rogovin, Asst. Atty. Gen., and Meyer Rothwacks and Deene R. Goodlaw, Attys., Dept. of Justice, Washington, D. C., and John O. Garaas, U. S. Atty. for the District of North Dakota, were on the brief.

Before VAN OOSTERHOUT, Chief Judge, MATTHES, Circuit Judge, and HARRIS, Chief District Judge.

HARRIS, Chief District Judge.

This is an appeal from a judgment dismissing the complaint of E. F. Fox and Alice C. Fox for refund of income taxes for the year of 1959 in the sum of $665.09, and interest thereon in the sum of $106.04, as determined by the District Director of Internal Revenue for the District of North Dakota at Fargo. The taxes for which refund is sought represent the amount due from interest paid to plaintiffs by the Bank of North Dakota from certificates...

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