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KREIGER v. UNITED STATES

No. 75-2132.

539 F.2d 317 (1976)

Archibald KREIGER and Claire R. Kreiger, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Third Circuit.

Decided August 2, 1976.

Attorney(s) appearing for the Case

Ambrose J. Hinnegan, Haddonfield, for plaintiffs-appellees.

Scott P. Crampton, Gilbert E. Andrews, Michael L. Paup, Robert A. Bernstein, Washington, D.C., Jonathan L. Goldstein, U. S. Atty., Newark, N.J., for defendant-appellant.

Before ADAMS and HUNTER, Circuit Judges, and MURRAY M. SCHWARTZ, District Judge.

PER CURIAM:

Plaintiffs initiated this action in April, 1973 under 28 U.S.C. § 1346(a)(1)1 to recover approximately $8,000 in income taxes which they alleged were erroneously collected for the taxable year 1966. The government, before answer, moved to dismiss for want of jurisdiction, on the ground that the suit had not been preceded by a claim for refund filed within the time period required...

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