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MONDAY v. UNITED STATES

No. 66-C-140.

294 F.Supp. 1384 (1969)

Robert W. MONDAY, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. John A. MONDAY, Third-Party Defendant.

United States District Court E. D. Wisconsin.

January 14, 1969.

Attorney(s) appearing for the Case

Martin J. Torphy and E. Campion Kersten, Milwaukee, Wis., for plaintiff.

Mitchell Rogovin, Asst. Atty. Gen., Daniel J. Dinan and Nestor M. Nicholas, Attys., Dept. of Justice, Washington, D. C., James B. Brennan, U. S. Atty., by Thomas R. Jones, Asst. U. S. Atty., Milwaukee, Wis., for defendant and third-party plaintiff.

Francis J. Demet, Milwaukee, Wis., for third-party defendant.

OPINION AND ORDER ON DEFENDANT'S MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT, OR FOR A NEW TRIAL

REYNOLDS, District Judge.

INTRODUCTION

This opinion on the Government's motions after verdict is primarily concerned with the proper construction of the word "willfully" as used in § 6672 of the Internal Revenue Code.1 The Government, in effect, claims that the word "willfully" does not include the concept of reasonable...

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