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DOUGHTY v. UNITED STATES

No. 1637.

296 F.Supp. 1078 (1969)

Minnie DOUGHTY, Robert Harris, Alfred D. Grandchamp and Paul Moran, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. Montana, Helena Division.

February 27, 1969.

Attorney(s) appearing for the Case

Meloy & Kline, Helena, Mont., for plaintiff, Minnie Doughty.

Doepker & Hennessey, Butte, Mont., and Harold L. Allen, Three Forks, Mont., for plaintiffs, Robert Harris and Alfred D. Grandchamp.

Berg, O'Connell & Angel, Bozeman, Mont., for Paul Moran, plaintiff.

Moody Brickett, U. S. Atty., Butte, Mont., Mitchell Rogovin, Asst. Atty. Gen., Gerome Fink, Harold S. Larsen, James P. Barker, Attys., Dept. of Justice, Washington, D. C., for defendant.

ORDER AND OPINION

RUSSELL E. SMITH, Chief Judge.

In this action for a tax refund the parties have, by a stipulation which contains the agreed facts, submitted two issues to the Court.

I. Whether the Court has jurisdiction to consider the claim of a person who did not, prior to the commencement of this action, file a claim for refund with the Internal Revenue Service.

The plaintiffs are assignees of a right to recover a claimed...

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