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BASYE v. UNITED STATES

No. 24170-24175.

450 F.2d 109 (1971)

James A. BASYE and Evelyn E. Basye, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing November 23, 1971.

Attorney(s) appearing for the Case

Ernest J. Brown (argued), Lee A. Jackson, Meyer Rothwacks, Lester B. Snyder, Dept. of Justice, Johnnie M. Walters, Asst. Atty. Gen., Washington, D. C., James L. Browning, Jr., U. S. Atty., John M. Younquist, Asst. U. S. Atty., San Francisco, Cal., for defendant-appellant.

John Wells (argued), John F. Banker, of Stark, Simon & Sparrowe, Leonard Marcussen, Gen. Counsel, The Permanente Med. Group., Oakland, Cal., for plaintiffs-appellees.

McKnight Brunn, Donald B. Falconer, of Helzel, Leighton, Brunn & Falconer, Oakland, Cal., for amicus curiae.

Before MERRILL, DUNIWAY and HUFSTEDLER, Circuit Judges.

DUNIWAY, Circuit Judge:

Appellee taxpayers brought these consolidated actions in the District Court for the refund of income taxes paid for the taxable years 1960 through 1963. The District Court found in their favor, 295 F.Supp. 1289, and the government appeals. We affirm.

The case was submitted to the district court on the parties' agreed statement of facts. Taxpayers are physicians who, during each of the tax years...

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