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ALSOBROOK v. UNITED STATES

No. 77-1388.

566 F.2d 628 (1977)

W. R. ALSOBROOK and Wells F. Alsobrook, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 14, 1977.

Attorney(s) appearing for the Case

Richard A. Williams, Little Rock, Ark. (argued), for appellants; Williams, Selig, Overbey & Sayre, and Robert D. Cabe, Wright, Lindsey & Jennings, Little Rock, Ark., on briefs.

Carleton D. Powell, Atty., Tax Div., Dept. of Justice, Washington, D.C. (argued), for appellee; M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews and James S. Maxwell, Attys., Washington, D.C., Wilbur H. Dillahunty, U. S. Atty., Little Rock, Ark., on brief.

Before VAN OOSTERHOUT, Senior Circuit Judge, and LAY and STEPHENSON, Circuit Judges.

PER CURIAM.

This is a timely appeal from final judgment dismissing the complaint of W. R. Alsobrook and Wells F. Alsobrook1 for claim for refund of 1969 income tax alleged to have been wrongfully assessed and paid. Jurisdiction of the trial court under 28 U.S.C. § 1346(a)(1) is established. The trial court's opinion setting out the facts, the issues and the basis of the decision is reported at 431 F.Supp. 1122

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