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ERNZEN v. U.S.

Civ. No. 88-1500-B(BTM).

715 F.Supp. 1483 (1989)

William N. ERNZEN and Helen C. Ernzen, and Fred Gamauf and Ruth O. Gamauf, and Arthur R. Fortier and Loretta Fortier, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, S.D. California.

July 14, 1989.

Attorney(s) appearing for the Case

Richard T. Cubbage, San Diego, Cal., for plaintiffs.

Greg Addington, Trial Atty., Tax Div. U.S. Dept. of Justice, Washington, D.C., Robert H. Plaxico, Asst. U.S. Atty., San Diego, Cal., for defendant.

MEMORANDUM DECISION

BREWSTER, District Judge.

BACKGROUND

This is an income tax refund action brought by three railroad retirees and their spouses who receive retirement benefits under the Railroad Retirement Act.

Under railroad retirement programs, railroad workers pay more payroll tax and receive greater retirement benefits than workers covered under the social security system. Since 1974...

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