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POORBAUGH v. UNITED STATES

No. 17865.

423 F.2d 157 (1970)

Catherine K. POORBAUGH v. UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 6, 1970.

Attorney(s) appearing for the Case

Elmer J. Kelsey, U. S. Department of Justice, Washington, D. C. (Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Gilbert E. Andrews, Attorneys, Department of Justice, Washington, D. C., Richard L. Thornburgh, U. S. Atty., W. Wendell Stanton, Asst. U. S. Atty., on the brief), for appellant.

James M. Carter, Chester, Pa. (Goodis, Greenfield, Narin & Mann, Philadelphia, Pa., Norman A. Shaulis, Somerset, Pa., on the brief), for appellee.

Before McLAUGHLIN, FORMAN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

FORMAN, Circuit Judge.

This is an appeal by the United States of America (hereinafter the Government) from a judgment of the United States District Court for the Western District of Pennsylvania. The appellee, Catherine K. Poorbaugh, was granted recovery of the sum of $41,349.78, plus interest, determined to have been erroneously collected as income tax for the calendar year 1962.

Mrs. Poorbaugh is the widow of the late Cloyd...

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