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HURON CLINIC FOUNDATION v. UNITED STATES

Civ. No. 1284.

212 F.Supp. 847 (1962)

HURON CLINIC FOUNDATION, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. South Dakota, S. D.

December 21, 1962.

Attorney(s) appearing for the Case

Paul G. Zerby, of Dorsey, Owen, Marquart, Windhorst & West, Minneapolis, Minn., and Raymond E. Dana, Sioux Falls, S. D., for plaintiff.

Harold C. Doyle, U. S. Atty., and Travis H. Lewin, Asst. U. S. Atty., Sioux Falls, S. D., and Louis F. Oberdorfer, Asst. Atty. Gen., and Edward S. Smith, Jerome Fink and Joyle C. Dahl, attorneys, Department of Justice, Washington, D. C., for defendant.

BECK, District Judge.

The Huron Clinic Foundation, hereinafter referred to as the taxpayer, is in this action pursuant to the provisions of Title 28 U.S.C.A. § 1346(a) (1), seeking to recover income taxes and interest thereon, alleged to have been erroneously and illegally assessed and collected by the District Director of the Internal Revenue in and for the District of South Dakota, for the tax years of 1954 through 1956.

As a basis for that claim, it...

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