No. 72-3112.

485 F.2d 1194 (1973)

Charles K. CHAPMAN and Margaret O. Chapman, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 5, 1973.

Attorney(s) appearing for the Case

Ann Belanger, Atty. (argued), Scott P. Crampton, Asst. Atty. Gen., Tax Div., Dept. of Justice, Washington, D. C.; William D. Keller, U. S. Atty., Charles N. Magnuson, Mason C. Lewis, Asst. U. S. Attys., Los Angeles, Cal., Meyer T. Rothwacks, Grant Wiprud, Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellant.

Charles K. Chapman (argued), Long Beach, Cal., for plaintiffs-appellees.

Before MERRILL and DUNIWAY, Circuit Judges, and BOLDT, District Judge.

MERRILL, Circuit Judge:

In the course of litigation having to do with appellees' income tax liability for the years 1962-1964, the District Court, 347 F.Supp. 89, entered an order that had the effect of adjudicating in taxpayers' favor questions of tax liability for the years 1969 and 1971. The issue presented here is whether the court erred in so doing or acted without jurisdiction...

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