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HARSHA v. U.S.

No. 77-1572.

590 F.2d 884 (1979)

William N. HARSHA and Barbara J. Harsha, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided January 22, 1979.

Rehearing Denied February 26, 1979.

Attorney(s) appearing for the Case

Gene A. Castleberry of Castleberry, Lisle & Kivel, Oklahoma City, Okl., for appellants.

Thomas M. Walsh, Tax Div., Dept. of Justice, Washington, D. C. (M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews and Jonathan S. Cohen, Tax Div., Dept. of Justice, Washington, D. C., on brief; John E. Green, U. S. Atty. and Richard F. Campbell, III, Asst. U. S. Atty., Oklahoma City, Okl.), for appellee.

Before McWILLIAMS, BARRETT and McKAY, Circuit Judges.

BARRETT, Circuit Judge.

William N. Harsha and Barbara J. Harsha1 (Harsha) appeal from an order granting summary judgment to the United States of America (IRS) in a tax refund suit brought pursuant to 28 U.S.C. § 1346(a)(1).

Harsha is an orthopedic surgeon practicing medicine in Oklahoma City, Oklahoma. In 1960, Don W. Jeffery, a truck driver, came to Harsha complaining of "back trouble." Harsha's treatment of the problem,...

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