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DUGAN v. UNITED STATES

234 F.Supp. 7 (1964)

Howard F. DUGAN and Therese M. Dugan, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

September 30, 1964.

Attorney(s) appearing for the Case

Laporte & Meyers, New York City, for plaintiffs; Gordon Zimmerman, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., Louis F. Oberdorfer, Asst. Atty. Gen., C. Moxley Featherston, David A. Wilson, Jr., Burton G. Lipsky, Attorneys, Department of Justice, Washington, D. C., Harvey R. Blau, Asst. U. S. Atty., of counsel, for defendant.

LEVET, District Judge.

This is an action for the refund of federal income taxes in the amount of $13,607.82 which plaintiffs claim were erroneously collected from them for the year 1955. This court has jurisdiction under the provisions of Section 1346(a) (1) of Title 28 United States Code.

The defendant has moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure and the plaintiffs have filed a cross-motion seeking the same relief...

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