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HOLLOWAY v. UNITED STATES

No. 23515.

428 F.2d 140 (1970)

Harold C. HOLLOWAY and Sally B. Holloway, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

June 23, 1970.

Attorney(s) appearing for the Case

Alfred L. Margolis (argued), L. Dean Petty, Beverly Hills, Cal., for plaintiffs-appellants.

Ann E. Belanger (argued), Atty., Tax Division, Dept. of Justice, Johnnie M. Walters, Lee A. Jackson, Thomas L. Stapleton, Michael Rogovin, Asst. Attys. Gen., Tax Division, Washington, D. C., Wm. M. Byrne, Jr., U. S. Atty., Charles Magnuson, Asst. U. S. Atty., Los Angeles, Cal., for defendant-appellee.

Before DUNIWAY and HUFSTEDLER, Circuit Judges, and POWELL, District Judge.

POWELL, District Judge:

Appellants, Mr. and Mrs. Harold C. Holloway, appeal from a judgment of the District Court dismissing their complaint for a tax refund in the amount of $8,294.76. This Court has jurisdiction under 28 U.S.C. § 1291.

In December of 1953 Mr. Holloway and his former wife, Dona Holloway (now Dona Lichtenfield), executed a property settlement agreement. That agreement provided in pertinent part:

"ARTICLE TWELFTH: The Husband...

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