MEMORANDUM AND ORDERS
JAMES A. von der HEYDT, Chief Judge.
This cause comes before the court upon plaintiff's motion for a partial summary judgment and defendant's motion for a summary judgment, both pursuant to Fed.R.Civ.P. 56. Widdis instituted this action to recover $3,977.92 paid because of a tax assessment entered against him under the Marijuana Transfer Tax, 26 U.S.C. § 4741 et seq. The United States has counterclaimed for $8,288.08, the amount...
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