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OMAHA PUBLIC POWER DIST. v. O'MALLEY

Civ. No. 50-51.

114 F.Supp. 3 (1953)

OMAHA PUBLIC POWER DIST. et al. v. O'MALLEY.

United States District Court D. Nebraska, Omaha Division.

August 25, 1953.

Attorney(s) appearing for the Case

Brown, Crossman, West, Barton & Quinlan and Thos. C. Quinlan, Omaha, Neb., and Stinson, Mag, Thomson, McEvers & Fizzell and Reece A. Gardner, Kansas City, Mo., for plaintiffs.

Joseph T. Votava, U. S. Atty., District of Nebraska, Omaha, Neb., and Harvey M. Spear, Washington, D. C., Sp. Asst. to Atty. Gen., for defendant.

DONOHOE, Chief Judge.

Petitioners have brought this action to recover certain taxes which they allege were erroneously and unlawfully assessed and collected by George W. O'Malley, formerly Collector of Internal Revenue for this district. Since the action was started prior to Mr. O'Malley's retirement, this court has jurisdiction, 28 U.S.C.A. § 1340, and the action survives his retirement. See Patton v. Brady, 184 U.S. 608, 22 S...

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