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McCONNELL v. UNITED STATES

Civ. A. No. 2256.

295 F.Supp. 605 (1969)

Kyle and Polly McCONNELL, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court E. D. Tennessee, Northeastern Division.

January 23, 1969.

Attorney(s) appearing for the Case

John S. McLellan, Shelburne Ferguson, Jr., Kingsport, Tenn., A. Frank Cafferky, Washington, D. C., for plaintiffs.

Edward E. Wilson, Asst. U. S. Atty., Knoxville, Tenn., Eugene Sayre, Department of Justice, Tax Division, Washington, D. C., for defendant.

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

This is an action by the plaintiffs seeking recovery of income taxes which they claim they overpaid for the calendar years 1963, 1964 and 1965. The Court's jurisdiction is invoked under 28 U.S.C. § 1346(a) (1) and, as to these plaintiffs, is not disputed.

These plaintiffs undertake to maintain this suit as a class action, on the grounds that the class of which they are members is so numerous...

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