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UNITED STATES v. AUGSPURGER

Civ. 76-595.

452 F.Supp. 659 (1978)

UNITED STATES of America, Plaintiff, v. Dorothy P. AUGSPURGER, Executrix of the Will of Charles H. Augspurger, and Loeb, Rhoades & Co., Defendants.

United States District Court, W. D. New York.

March 20, 1978.

Attorney(s) appearing for the Case

Steven Z. Kaplan, Tax Div., Dept. of Justice, Washington, D. C., and Kenneth A. Cohen, Asst. U. S. Atty., Buffalo, N. Y., for plaintiff United States.

Leland G. Cook, Jaeckle, Fleischmann & Mugel, Buffalo, N. Y., for defendant Augspurger.

Harry P. Trueheart III, of Nixon, Hargrave, Devans & Doyle, Rochester, N. Y., for defendant Loeb, Rhoades & Co.

MEMORANDUM and ORDER

ELFVIN, District Judge.

The United States of America ("the Government") instituted this suit pursuant to 26 U.S.C. § 7405 to collect an erroneous refund of federal taxes.1 Jurisdiction exists under 26 U.S.C. § 7402 and 28 U.S.C. §§ 1340 and 1345. There are several motions before me for decision: plaintiff's motion for summary judgment against defendant Augspurger; plaintiff's motion for...

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