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McCARTHY v. CONLEY

No. 9288.

229 F.Supp. 517 (1964)

Edward J. McCARTHY and Lora R. McCarthy, Plaintiffs, v. Joseph J. CONLEY, Jr., District Director of Internal Revenue for the District of Connecticut, Defendant.

United States District Court D. Connecticut.

February 26, 1964.

Attorney(s) appearing for the Case

Edward J. McCarthy, McCarthy & Saur, Bridgeport, Conn., for plaintiffs.

Thomas F. Field, Dept. of Justice, Washington, D. C., Robert C. Zampano, U. S. Atty., New Haven, Conn., for defendant.

CLARIE, District Judge.

This action is brought pursuant to 28 U.S.C. §§ 1340 and 1346, against the District Director of Internal Revenue for a tax refund of $23,909.71 and interest. The claim arises out of deficiency assessments paid by the plaintiffs for the calendar years 1954, 1955, and 1956. Both parties have brought cross-motions for summary judgment as provided in Rule 56, Fed.R.Civ.P. After considering all of the pleadings, depositions, affidavits...

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