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CUBBAGE v. UNITED STATES

No. 92-55773.

21 F.3d 950 (1994)

R.T. CUBBAGE; Y.E. Cubbage, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 13, 1994.

Attorney(s) appearing for the Case

Richard T. Cubbage, pro se.

Kevin Brown (argued), and Gary R. Allen, David I. Pincus and Nancy G. Morgan (on the brief), U.S. Dept. of Justice, Washington, DC, for defendant-appellee.

Before: BRIGHT, WIGGINS and T.G. NELSON, Circuit Judges.

Opinion by Judge BRIGHT.

BRIGHT, Senior Circuit Judge:

Taxpayers R.T. and Y.E. Cubbage appeal the judgment of the district court denying them a tax refund. We affirm.

Neither party disputes the underlying facts. R.T. Cubbage retired in 1975 from service as an attorney with a railroad company. Prior to 1983, R.T. Cubbage received benefits equal to the contributions he made as an employee to the Railroad Retirement System [RRS], pursuant to the Railroad...

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