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WORTHAM MACHINERY COMPANY v. UNITED STATES

Civ. No. 5855.

375 F.Supp. 835 (1974)

WORTHAM MACHINERY COMPANY, a Wyoming corporation, et al., Plaintiffs, v. The UNITED STATES of America, Defendant.

United States District Court, D. Wyoming.

May 10, 1974.

Attorney(s) appearing for the Case

Carl L. Lathrop of Lathrop, Uchner & Mullikin, Cheyenne, Wyo., for plaintiffs.

Michael David Howard, Atty., Tax Div., Dept. of Justice, Washington, D. C., and Richard V. Thomas, U. S. Dist. Atty., Cheyenne, Wyo., for defendant.

JUDGE'S MEMORANDUM

KERR, Judge.

Wortham Machinery Company (Wortham) and other plaintiffs have filed this suit seeking refunds of income taxes assessed and paid. This action was instituted pursuant to 28 U.S.C. §§ 1340, 1346(a)(1) and 1402. The matter was tried to the Court without a jury.

This Court has jurisdiction pursuant to 28 U.S.C. § 1346(a)(1), which permits a civil action to be brought for the recovery of any internal revenue...

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