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POPPELL v. UNITED STATES

No. 27725 Summary Calendar.

418 F.2d 214 (1969)

Thomas H. POPPELL and Mrs. Nell D. Poppell, Plaintiffs-Appellees-Cross-Appellants, v. UNITED STATES of America, Defendant-Appellant-Cross Appellee.

United States Court of Appeals Fifth Circuit.

October 13, 1969.

Attorney(s) appearing for the Case

Louis A. Thompson, Savannah, Ga., for appellants.

Donald Fraser, U. S. Atty., Savannah, Ga., Myron C. Baum, Chief, Refund Trial Section No. 2, U. S. Dept. of Justice, Washington, D. C., Johnnie M. Walters, Asst. Atty. Gen., Joseph M. Howard, Lee A. Jackson, John P. Burke, Attys., Tax Division, U. S. Dept. of Justice, Washington, D. C., R. Jackson B. Smith, Jr., U. S. Atty., of counsel, for appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

This is an appeal by the United States from a judgment entered upon a jury verdict in favor of the taxpayers, Thomas H. Poppell and Mrs. Nell D. Poppell, in their 28 U.S.C.A. § 1346(a) (1) suit for a refund of $27,434.62 in income taxes, fraud penalties, assessed interest and statutory interest paid for the taxable years 1957 through 1961. It is clear from the record that the District Court erred in admitting, over objection by the Government, testimony...

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