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SPITALNY v. UNITED STATES

Nos. Civ-5665 Phx., Civ-5666 Phx.

288 F.Supp. 650 (1968)

Louis SPITALNY and Betty Spitalny, his wife, Plaintiffs, v. UNITED STATES of America, Defendant. William ERDWURM and Bart F. Erdwurm, his wife, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. Arizona.

September 5, 1968.

Attorney(s) appearing for the Case

Jennings Strouss, Salmon & Trask, Phoenix, Ariz., for plaintiffs.

Edward E. Davis, U. S. Atty., Phoenix, Ariz., for defendant.

OPINION AND ORDER

CRAIG, District Judge.

These two actions, consolidated by the Court at pretrial, were instituted by the plaintiffs as transferees of All-State Cattle Feeding Company for recovery of $55,204.85 in each action paid as income tax for the transferor corporation's fiscal year ending July 31, 1960.

FACTS

The stipulation of facts filed April 15, 1968 is incorporated in this opinion by reference.

Plaintiffs William Erdwurm...

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