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BRADDOCK v. UNITED STATES

No. 24963.

434 F.2d 631 (1970)

Lester E. BRADDOCK, Administrator (now personal representative) of the Estate of Helen M. Braddock, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

November 27, 1970.

Attorney(s) appearing for the Case

Dennis V. Gilbert (argued), Warde H. Erwin, Portland, Or., for plaintiff-appellant.

Virginia Hopkinson (argued), Atty. Dept. of Justice, Johnnie M. Walters, Asst. Atty. Gen.; Lee A. Jackson, Loring W. Post and Richard Farber, Washington, D. C.; Sidney I. Lezak, U. S. Atty., Portland, Or., for defendant-appellee.

Before BARNES, BROWNING and DUNIWAY, Circuit Judges.

PER CURIAM:

Appellant commenced this action in district court for recovery of income taxes paid. The district court directed a verdict for the United States after presentation of evidence and argument. We affirm.

It is the duty of a judge to direct a verdict when the evidence would be insufficient to support a different finding. Independent Iron Works, Inc. v. United States Steel Corp., 322 F.2d 656, 661 (9th

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