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AUTENRIETH v. CULLEN

No. 22801.

418 F.2d 586 (1969)

Neila A. AUTENRIETH et al., Appellants, v. Joseph M. CULLEN, District Director of IRS, et al., Appellees.

United States Court of Appeals Ninth Circuit.

November 10, 1969.

Attorney(s) appearing for the Case

Francis Heisler (argued), of Heisler & Stewart, Carmel, Cal., Peter F. Franck, Berkeley, Cal., for appellants.

Meyer Rothwack (argued), Asst. Atty. Gen., Johnnie M. Walters, Asst. Atty. Gen., Tax Div., Dept. of Justice, Cecil F. Poole, U. S. Atty., Richard L. Carico, Asst. U. S. Atty., for appellees.

Before MADDEN, Judge, United States Court of Claims, DUNIWAY, Circuit Judge, and TAYLOR, District Judge.

DUNIWAY, Circuit Judge:

In this action, 124 plaintiffs seek refunds of federal income taxes paid by each of them, some for 1965, some for 1966, some for both years. Some seek 17% of the tax paid, some 67%. The District Court dismissed the action, and we affirm.

The District Court had jurisdiction under 28 U.S.C. §§ 1340, 1346(a) (1).1 Named as defendants are the District Director of Internal Revenue at San Francisco and...

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