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POSEY v. UNITED STATES

No. 71-1952 Summary Calendar.

449 F.2d 228 (1971)

Ernest L. POSEY and Kathleen V. Posey, husband and wife, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 28, 1971.

Attorney(s) appearing for the Case

Amos E. Jackson, Palm Beach, Fla., Walter E. Travers, Stuart, Fla., and Jackson & Jackson, Palm Beach, Fla., for plaintiffs-appellants.

Donald B. Craven, Atty., Tax. Div., Dept. of Justice, Washington, D. C., John L. Briggs, U. S. Atty., Orlando, Fla., Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, Paul M. Ginsburg, Gordon S. Gilman, Attys., Fred B. Ugast, Acting Asst. Atty. Gen., Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.

COLEMAN, Circuit Judge:

This appeal involves the refund of federal income taxes for the taxable year 1961 in the amount of $47,473.23, together with interest thereon, and is taken from the order of the District Court filed February 16, 1971, granting the Government's motion for partial judgment as to Count One of the appellants' complaint filed on August 15, 1969. The original complaint of the appellants contained two counts, the second of which was dismissed with...

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