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POSNER v. KAVANAGH

Civ. Nos. 11108, 11109.

133 F.Supp. 50 (1955)

Julius C. POSNER and Eithel S. Posner, Plaintiffs, v. Thomas Giles KAVANAGH, Jr., Administrator, Defendant. W. Walter SEYFARTH and Sally E. Seyfarth, Plaintiffs, v. Thomas Giles KAVANAGH, Jr., Administrator, Defendant.

United States District Court E. D. Michigan, S. D.

July 11, 1955.

Attorney(s) appearing for the Case

Arnold W. Lungershausen, J. Henry Canfield, Detroit, Mich., for plaintiffs.

H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe, David W. Richter, Spec. Assts. to the Atty. Gen., Frederick W. Kaess, U. S. Atty., John L. Owen, Asst. U. S. Atty., Detroit, Mich., for defendant.

LEVIN, District Judge.

Plaintiffs, husband and wife in each of the above actions, filed suit to recover a refund of amounts paid as an income tax deficiency assessment, plaintiffs Seyfarth for the year 1945 and plaintiffs Posner for the year 1946. The factual and legal questions involved are substantially identical and the cases were, therefore, consolidated for trial. Each case concerns the applicability of the commonly designated "back pay spread-back" provision...

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