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SPATAFORE v. UNITED STATES

C.A. No. 83-6062.

752 F.2d 415 (1985)

John W. SPATAFORE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 22, 1985.

Attorney(s) appearing for the Case

Sebastian D. D'Amico, San Diego, Cal., for plaintiff-appellant.

Farley P. Katz, Washington, D.C., for defendant-appellee.

Before: WALLACE and BOOCHEVER, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge:

Appellant, John W. Spatafore, brought this action seeking refund of a portion of a wagering tax which he had paid under protest. The United States counterclaimed for the recovery of the unpaid portion of the tax. Following a non-jury trial, judgment was entered in favor of the United States on its counterclaim. We affirm.

I. Facts and Proceedings Below

Following months of observation during late 1972 and 1973 the Department...

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