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BENEVOLENT & P. O. ELKS, BRAINERD, MINN. v. UNITED STATES

Nos. 5-71 Civ. 13, 5-71 Civ. 14 and 5-71 Civ. 17.

352 F.Supp. 142 (1972)

BENEVOLENT AND PROTECTIVE ORDER OF ELKS LODGE #615 of BRAINERD, MINNESOTA, Plaintiff, v. UNITED STATES of America, Defendant. RICHARD HOWARD FERRELL POST 46 AMERICAN LEGION OF LITTLE FALLS, MINNESOTA, Plaintiff, v. UNITED STATES of America, Defendant. LOYAL ORDER OF MOOSE LODGE 1246 OF BRAINERD, MINNESOTA, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Minnesota, Fifth Division.

November 28, 1972.

Attorney(s) appearing for the Case

Erickson & Casey, by Carl E. Erickson, Brainerd, Minn., for plaintiffs.

Robert G. Renner, U. S. Atty. by J. Earl Cudd, Asst. U. S. Atty., for defendant.

NEVILLE, District Judge.

These actions are brought under 28 U.S.C. § 1346(a)(1) for the refund of Federal gambling taxes for the fiscal years ended June 30, 1962, through June 30, 1967, by the above three plaintiffs. Since they involve the same legal issues they were consolidated by this court's order of September 13, 1971.

Each of the plaintiffs, non profit organizations, over the years maintained for use a pin ball machine or machines. It is not contested...

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