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SELLERS v. UNITED STATES

Civ. A. No. 75-H-782-S.

488 F.Supp. 920 (1976)

William D. SELLERS, Jr. and Virginia F. Sellers, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, N. D. Alabama, S. D.

October 1, 1976.

Attorney(s) appearing for the Case

Robert McDavid Smith, John E. Grenier, Lange, Simpson, Robinson & Somerville, Birmingham, Ala., Robert B. Eubank, Sirote, Permutt, Friend, Friedman, Held & Apolinsky, Birmingham, Ala. (of counsel as to Count Two), for plaintiffs.

J. R. Brooks, U. S. Atty., Birmingham, Ala., Jack D. Warren, Atty., Tax Div., Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM OF DECISION

HANCOCK, District Judge.

This cause came on for consideration by the court on the cross motions for summary judgment filed by the plaintiffs and the defendant herein seeking summary judgment in their respective favors with regard to Count One of the amended complaint. By filing their motions for summary judgment, the parties have represented to the court that there is no genuine issue as to any material fact with regard to the issues...

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