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AMERICAN ASS'N OF CHRISTIAN SCH. VOL. EMP. v. U.S.

No. 87-7409.

850 F.2d 1510 (1988)

AMERICAN ASSOCIATION OF CHRISTIAN SCHOOLS VOLUNTARY EMPLOYEES BENEFICIARY ASSOCIATION WELFARE PLAN TRUST, by its Trustees Dr. A.C. JANNEY; Dr. Verle S. Ackerman; Dr. Walter Handford; Dr. Edward J. Nelson; Dr. Wayne Van Gelderen; Dr. Arno Q. Weniger, Jr.; and Mr. Carl Kingren, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 2, 1988.

Attorney(s) appearing for the Case

Leonard J. Henzke, Jr., Lehrfeld & Henzke, P.C., Washington, D.C., for plaintiffs-appellants.

Michael L. Paup, Chief, Appellate Section, Tax Div., Dept. of Justice, William S. Rose, Robert A. Bernstein, David M. Moore, Gary R. Allen, Washington, D.C., for defendant-appellee.

Before JOHNSON and HATCHETT, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

JOHNSON, Circuit Judge:

This tax case came before the United States District Court for the Middle District of Alabama on cross motions for summary judgment. The American Association of Christian Schools Voluntary Employees Beneficiary Association Welfare Plan Trust ("the Trust"), through its trustees, brought this suit seeking a refund of federal income taxes paid in two tax years on the ground that the Trust was tax-exempt. The district court granted the United States...

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