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KUTZ v. UNITED STATES

Civ. Nos. 73-48, 73-47.

392 F.Supp. 539 (1975)

Donald E. KUTZ and Mary E. Kutz, his wife, Plaintiffs, v. UNITED STATES of America, Defendant. Luther W. McCOY and Inez M. McCoy, his wife, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, for the Middle District of Pennsylvania.

April 29, 1975.

Attorney(s) appearing for the Case

Lloyd R. Persun, Howell C. Mette, Shearer, Mette, Hoerner & Woodside, Harrisburg, Pa., for plaintiffs.

Scott P. Crampton, Asst. Atty. Gen., Jerome Fink, David J. Curtin, Attys., Dept. of Justice, Washington, D. C., S. John Cottone, U. S. Atty., Scranton, Pa., for defendant.

MEMORANDUM AND ORDER

HERMAN, District Judge.

The plaintiffs filed suit seeking the return of tax deficiencies paid under protest. The parties entered into a complete stipulation of facts. The following history of the case includes those stipulated facts upon which the court relies in making its decision.

Luther W. McCoy, Donald E. Kutz and three other persons incorporated the McCoy Electronics Company...

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