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UNITED BENEFIT LIFE INSURANCE COMPANY v. McCRORY

No. 19439.

414 F.2d 928 (1969)

UNITED BENEFIT LIFE INSURANCE COMPANY, a Corporation, Appellant, v. James L. McCRORY, Appellee.

United States Court of Appeals Eighth Circuit.

August 7, 1969.

Attorney(s) appearing for the Case

Harold W. Kauffman of Gross, Welch, Vinardi, Kauffman, Schatz & Day, Omaha, Neb., for appellant, Joseph J. Vinardi and William A. Day, Jr., on the brief.

Thomas L. Stapleton, Atty., Dept. of Justice, Washington, D. C., for appellee, Johnnie M. Walters, Asst. Atty. Gen., and Lee A. Jackson and Gilbert E. Andrews, Attys., Dept. of Justice, Washington, D. C., and Richard A. Dier, U. S. Atty., Omaha, Neb., on the brief.

Before BLACKMUN, MEHAFFY and LAY, Circuit Judges.

LAY, Circuit Judge.

This involves an appeal by a taxpayer insurance company from a judgment of the district court in favor of the District Director of Internal Revenue. The suit arises out of a claim for refund of federal income taxation for each of the years 1954 through 1957 under 28 U.S.C. § 1340 and § 1346(a) (1). The claim involves income taxes assessed against the taxpayer and interest thereon of $71,837.46...

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