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CLUM v. UNITED STATES

Civ. A. No. C-2-74-625.

424 F.Supp. 2 (1976)

Forest CLUM, Individually and as Executor of the Estate of Bessie M. Minst, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, S. D. Ohio, E. D.

August 5, 1976.

Attorney(s) appearing for the Case

Robert E. Leach, Vorys, Sater, Seymour & Pease, Columbus, Ohio, for plaintiff.

Archie Parnell, Trial Atty., Tax Division, Dept. of Justice, Washington, D. C., William W. Milligan, U. S. Atty., W. Robinson Watters, Asst. U. S. Atty., Columbus, Ohio, for defendant.

OPINION AND ORDER

KINNEARY, District Judge.

This is an action for recovery of $2,892.11 plus interest and costs which plaintiff Forest Clum the executor of the estate of his deceased sister Bessie M. Minst alleges were erroneously assessed and collected by the I.R.S. as penalties. The Court has jurisdiction under 28 U.S.C. § 1346(a)(1).

Mrs. Minst died September 12, 1971. Mr. Clum contacted decedent's attorney Meryl B. Gray in November, 1971...

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