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FLEMING v. UNITED STATES

No. 80-1588.

648 F.2d 1122 (1981)

John B. FLEMING, Personal Representative of the Estate of John J. Fleming, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 18, 1981.

Attorney(s) appearing for the Case

Michael W. Fleming, Michael W. Fleming & Assoc., Milwaukee, Wis., for plaintiff-appellant.

Carleton D. Powell, Dept. of Justice, Washington, D. C., for defendant-appellee.

Before SWYGERT, Judge, SKELTON, Senior Judge, and CUDAHY, Judge.

SKELTON, Senior Judge.

This is an appeal by John B. Fleming (taxpayer), personal representative of the estate of John J. Fleming, deceased, from a judgment of the United States District Court of the Eastern District of Wisconsin, denying him a refund of $28,688.64 and awarding the United States $5,229.62, plus interest, on its counterclaim for interest. The amount not refunded, which is the only amount in issue on appeal...

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