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JEFFERS v. UNITED STATES

No. 432-73.

556 F.2d 986 (1977)

Lewis F. JEFFERS and Minnie B. Jeffers v. The UNITED STATES.

United States Court of Claims.

May 18, 1977.

Attorney(s) appearing for the Case

John S. Nolan, Washington, D.C., atty. of record, for plaintiffs. Robert L. Moore, II, and Miller & Chevalier, Washington, D.C., of counsel.

Kenneth R. Boiarsky, Washington, D.C., with whom was Acting Asst. Atty. Gen. Myron C. Baum, Washington, D.C., for defendant. Theodore D. Peyser, Jr., and Donald H. Olson, Washington, D.C., of counsel.

Before COWEN, Senior Judge, DAVIS, Judge, SKELTON, Senior Judge, NICHOLS, KASHIWA, KUNZIG and BENNETT, Judges, en banc.

ON DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND PLAINTIFFS' CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT

KASHIWA, Judge:

Plaintiffs initiated this action to recover for the calendar year 1971 taxes allegedly overpaid in the amount of $25,995, together with interest thereon as provided by law. Since the facts essential to the resolution of the issues in this case are not in dispute, the parties cross move for partial summary judgment with respect to all...

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