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SWANSON v. UNITED STATES

No. 71-1474.

479 F.2d 539 (1973)

Iver W. and Faith S. SWANSON, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. Iver W. SWANSON, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 9, 1973.

Attorney(s) appearing for the Case

Ernest J. Brown (argued), Johnnie Walters, Asst. Atty. Gen., Fred B. Ugast, Acting Asst. Atty. Gen., Dept. of Justice, Washington, D. C., John M. Youngquist, Special Asst. U. S. Atty., San Francisco, Cal., Gilbert E. Andrews, William L. Goldman, Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellant.

Wilson B. Copes (argued), Jackson, Goodstein, Kumler, Copes, Croskey & Smith, Los Angeles, Cal., Robert E. Tout, Stockton, Cal., for plaintiff-appellee.

Before HAMLIN and CHOY, Circuit Judges, and SKOPIL, District Judge.

HAMLIN, Circuit Judge:

The Government appeals from a judgment of the United States District Court for the Eastern District of California awarding tax refunds to appellees in two consolidated cases. In No. 9686 below, the District Court ordered a refund of $25,285.04, plus interest, to appellees Iver W. and Faith S. Swanson.1 In No. 9687, the District Court ordered a refund in the amount of $258...

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