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SHUTLER v. UNITED STATES

No. 71-1496.

470 F.2d 1143 (1972)

Norman SHUTLER and Virginia Shutter, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. A. H. TURNER and Edith Turner, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 22, 1973.

Attorney(s) appearing for the Case

Thomas E. Baker, Hennessey, Okl., for plaintiffs-appellees.

Leonard J. Henzke, Atty., Tax Div., Dept. of Justice (Fred B. Ugast, Acting Asst. Atty. Gen., Meyer Rothwacks, Bennet N. Hollander and Jane M. Edmisten, Attys., Tax Div., Dept. of Justice, and William R. Burkett, U. S. Atty., on the brief), for defendant-appellant.

Before LEWIS, Chief Judge, and HOLLOWAY and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge. (Reassigned for opinion to McWilliams, Circuit Judge, from Holloway, Circuit Judge, on November 16, 1972.)

Norman and Virginia Shutler brought an action in the District Court for the Western District of Oklahoma for refund of income taxes paid for the year 1966. A. H. and Edith Turner at the same time filed a separate proceeding that same court which also sought a refund of income taxes paid for that same year. These two proceedings were...

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