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GEURKINK FARMS, INC. v. UNITED STATES

No. 18750.

452 F.2d 643 (1971)

GEURKINK FARMS, INC., formerly known as Elmore Produce Company, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

October 21, 1971.

Attorney(s) appearing for the Case

William Elden, Chicago, Ill., for plaintiff-appellant.

Johnnie M. Walters, Asst. Atty. Gen., Tax Division, Wesley J. Filer, Atty., U. S. Department of Justice, Washington, D. C., William J. Bauer, U. S. Atty., Chicago, Ill., Meyer Rothwacks, Leonard J. Henzke, Jr., Attorneys, Tax Division, Department of Justice, Washington, D. C., for defendant-appellee.

Before HASTINGS, Senior Circuit Judge, and KERNER and SPRECHER, Circuit Judges.

PER CURIAM.

Taxpayer Geurkink Farms, Inc. appeals from an order of the district court dismissing its action for refund of federal income taxes for the year 1959 for lack of jurisdiction on the authority of Flora v. United States, 357 U.S. 63, 78 S.Ct. 1079, 2 L.Ed.2d 1165 (1958), aff'd on rehearing, 362 U.S. 145, 80 S.Ct. 630, 4 L.Ed.2d 623 (1960), when it appeared that taxpayer had not paid in full the...

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