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KILGROE v. UNITED STATES

No. 80-2016.

664 F.2d 1168 (1981)

James A. KILGROE, Transferee (of KIP Corporation), Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided November 30, 1981.

Attorney(s) appearing for the Case

John F. Murray, Acting Asst. Atty. Gen., Michael L. Paup, William S. Estabrook and Stephen Gray, Tax Div., Dept. of Justice, Washington, D. C., and Joseph F. Dolan, U. S. Atty., Denver, Colo., for defendant-appellant.

Chester J. Stern of Drexler, Wald & Abramovitz, P. C., Denver, Colo., for plaintiff-appellee.

Before DOYLE, McKAY and LOGAN, Circuit Judges.

McKAY, Circuit Judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a); Tenth Cir. R. 10(e). The cause is therefore ordered submitted without oral argument.

On March 20, 1978, taxpayer James A. Kilgroe filed a complaint for a refund in the United States District Court for the District...

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