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McCURDY v. UNITED STATES

Civ. A. No. 6579.

328 F.Supp. 1068 (1971)

Charles F. McCURDY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, S. D. Ohio, W. D.

On Motion for Directed Verdict May 5, 1971.

Attorney(s) appearing for the Case

William R. Hardy, Graydon, Head & Ritchey, Cincinnati, Ohio, for plaintiff.

Lawrence J. Ross, U. S. Dept. of Justice, Tax Div., Washington, D. C., for defendant.

SECOND PRETRIAL ORDER

HOGAN, District Judge.

At the pretrial two law issues and one fact issue were severed. Since that time a stipulation has been filed with respect to the fact question (waiver) and there has been filed on behalf of each of the two parties an excellent brief dealing with both the fact question and the law question.

The briefs have been carefully examined, as have the authorities cited therein.

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