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MOSCOWITZ v. UNITED STATES

No. 69C 38(1).

314 F.Supp. 926 (1970)

Morris MOSCOWITZ and Marilyn Moscowitz, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, E. D. Missouri, E. D.

June 22, 1970.

Attorney(s) appearing for the Case

Robert Mass, Mellitz, Mass, Agatstein & Frank, Clayton, Mo., Burton A. Schwalb and John M. Bray, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D. C., for plaintiffs.

Michael C. Durney, Trial Atty., Tax Division, Dept. of Justice, Washington, D. C., Daniel Bartlett, Jr., U. S. Atty., St. Louis, Mo., for defendant.

MEMORANDUM OPINION AND ORDER

HARPER, Chief Judge.

This matter is presently before the court on plaintiffs' motion for summary judgment, with the supporting affidavit of plaintiff, Morris Moscowitz, and depositions, pursuant to Rule 56 of the Federal Rules of Civil Procedure. This action is brought by the plaintiffs for recovery of an alleged overpayment of federal income taxes for the year 1964 in the amount...

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