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SHANAHAN v. UNITED STATES

Civ. A. No. C-1959.

315 F.Supp. 3 (1970)

Timothy L. SHANAHAN and Mary E. Shanahan, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Colorado.

July 20, 1970.

Attorney(s) appearing for the Case

Stevens & Miller, by Roger E. Stevens and Sara-Jane M. Cohen, Boulder, Colo., for plaintiffs.

Johnnie M. Walters, Asst. Atty. Gen., by Jerome Fink, James P. Parker, and William V. McPherson, Trial Attys., Tax Division, Dept. of Justice, Washington, D. C., and James L. Treece, U. S. Atty., Denver, Colo., for defendant.

MEMORANDUM OPINION AND ORDER

WILLIAM E. DOYLE, District Judge.

Plaintiff has instituted this action pursuant to 28 U.S.C. § 1346(a) (1) for recovery of income taxes allegedly assessed and collected in violation of the Fourteenth Amendment to the United States Constitution. The defendant has moved to dismiss on the ground that plaintiff's complaint fails to state a claim for which relief can be granted, and plaintiff has moved for summary judgment based...

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