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AUTENRIETH v. UNITED STATES

No. 48025.

279 F.Supp. 156 (1968)

Neila A. AUTENRIETH, Joan C. Baez et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court N. D. California.

January 22, 1968.

Attorney(s) appearing for the Case

Francis Heisler, Heisler & Stewart, Carmel, Cal., Peter Franck, Berkeley, Cal., for plaintiffs.

Cecil F. Poole, U. S. Atty., Richard L. Carico, Asst. U. S. Atty., San Francisco, Cal., for defendant.

ORDER DISMISSING COMPLAINT

ZIRPOLI, District Judge.

The court will treat the complaint as one amended to name the United States of America as the proper party defendant. It will treat the complaint as one for a refund of taxes only. It will treat the parties plaintiff as having standing to sue. And for the purposes of this order the court will assume, without deciding, that the belief in nonpayment of taxes for war purposes constitutes a sincere and religious...

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