No. 74-1163.

504 F.2d 1306 (1974)

Harold E. HARRINGTON et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided October 24, 1974.

Attorney(s) appearing for the Case

James R. McGowan, Providence, R. I., with whom Lester H. Salter and Salter, McGowan, Arcaro & Swartz, Incorporated Providence, R. I., were on brief, for appellants.

Elmer J. Kelsey, Atty., Tax Div., Dept. of Justice, with whom Richard M. Roberts, Acting Atty. Gen., Washington, D. C., Lincoln C. Almond, U. S. Atty., Providence, R. I., Gilbert E. Andrews, and Alfred S. Lombardi, Attys., Tax Div., Dept. of Justice, Washington, D. C., were on brief, for appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and CLARY, District Judge.

CLARY, Senior District Judge.

This appeal has been taken by plaintiffs, Harold Harrington and Francis Davis, from the entry of judgment against them in favor of the United States and from the denial of their motion for a new trial. These two civil actions were consolidated and tried before The Honorable Edward W. Day and a six-person jury resulting in verdicts against the plaintiffs on their claims for refunds and in favor of the United States on its counterclaims...


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