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BIRCHENOUGH v. UNITED STATES

Nos. 49-67, 52-67.

410 F.2d 1247 (1969)

Herbert BIRCHENOUGH and Edith Birchenough v. The UNITED STATES. John J. HURTZ and Julia R. Hurtz v. The UNITED STATES.

United States Court of Claims.

May 16, 1969.

Attorney(s) appearing for the Case

Jerome M. Lynes, Newark, N. J., for plaintiffs; Joseph M. Nolan, Newark, N. J., attorney of record. Nolan & Lynes and Ernest R. Nuzzo, Newark, N. J., of counsel.

Joseph Kovner, Washington, D.C., with whom was Asst. Atty. Gen., Johnnie M. Walters, for defendant. Philip R. Miller and Ira M. Langer, Washington, D.C., of counsel.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON, and NICHOLS, Judges.

ON PLAINTIFF'S MOTION AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT

DAVIS, Judge.

During the years 1949 through 1954 the stock of a small New Jersey corporation was wholly owned by the plaintiffs, two pairs of husbands and wives. In 1950, 1951, and 1952, amounts of $4,000, $4,800 and $4,800 were entered in the company's books as accrued salaries of each of the husbands;1 for 1952...

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