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CARLOATE INDUSTRIES, INC. v. UNITED STATES

Civ. A. No. 63-B-39.

230 F.Supp. 282 (1964)

CARLOATE INDUSTRIES, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. Texas, Brownsville Division.

June 2, 1964.

Attorney(s) appearing for the Case

Ewers, Toothaker, Ewers, Byfield & Abbott, McAllen, Tex. (James C. Abbott), McAllen, Tex., for plaintiff.

Louis F. Oberdorfer, Asst. Atty. Gen., C. Moxley Featherston, George A. Hrdlicka, Stanley F. Krysa and Herbert S. Kendrick, Attys., Dept. of Justice, Washington, D. C., Woodrow Seals, U. S. Atty., and John H. Baumgarten, Asst. U. S. Atty., Houston, Tex., and Homer M. Lopez, Asst. U. S. Atty., Brownsville, Tex., for defendant.

GARZA, District Judge.

Plaintiff Taxpayer, Carloate Industries, Inc., brings this suit for refund of Income taxes of $829.58, plus interest, which it alleges were overpaid for the fiscal year ending June 30, 1959.

The parties have stipulated that Plaintiff filed a timely claim for refund which was disallowed, and that this suit was timely filed.

The refund involved here is based on a casualty loss suffered by the Plaintiff, a Texas corporation, to...

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