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HERBERT v. U.S.

No. 389, Docket 87-6194.

850 F.2d 32 (1988)

Carol M. HERBERT and Henry W. Herbert, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 2, 1988.

As Amended June 24, 1988.

Attorney(s) appearing for the Case

Edward T. Ferguson, III, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty. for S.D.N.Y., Steven E. Obus, Jordan Stanzler, Asst. U.S. Attys., New York City, of counsel), for defendant-appellant.

Henry W. Herbert, New York City, pro se and for plaintiff-appellee Carol M. Herbert.

Before PIERCE, MINER, and DAVIS, Circuit Judges.

PIERCE, Circuit Judge:

The United States of America appeals from a judgment of the United States District Court for the Southern District of New York, Charles L. Brieant, Ch.J., denying appellant's motion for summary judgment, granting appellees' cross-motion for summary judgment, and awarding appellees the sum of $14,876.68 in tax refunds. The government contends on appeal that neither the statutory language of 45 U.S.C. § 797d(b) (1982) nor the relevant...

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