DIAMOND ALKALI CO. v. DRISCOLL

No. 7741.

125 F.2d 1005 (1942)

DIAMOND ALKALI CO. v. DRISCOLL, Collector of Internal Revenue.

Circuit Court of Appeals, Third Circuit.

Reargued December 19, 1941.

Decided February 16, 1942.


Attorney(s) appearing for the Case

Paul S. McMahon, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Gerald L. Wallace, Sp. Asst. to the Atty. Gen., Charles F. Uhl, U. S. Atty., and Elliott W. Finkel, Asst. U. S. Atty., both of Pittsburgh, Pa., on the brief), for appellant.

Joseph G. Robinson, of Pittsburgh, Pa. (W. A. Seifert and William Wallace Booth, both of Pittsburgh, Pa., and Reed, Smith, Shaw & McClay, of Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS, MARIS, and GOODRICH, Circuit Judges.


GOODRICH, Circuit Judge.

The plaintiff taxpayer in this case seeks to recover against the collector for a portion of its capital stock tax for the period ending June 30, 1935. The tax has been paid, with the appropriate steps to preserve its rights by the taxpayer. Now it sues to recover the portion which it claims was erroneously exacted. Its claim was sustained by the learned District Judge in an opinion reported in 37 F.Supp. 536<...

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