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DERBY OIL CO. v. MOTTER

No. 626.

5 F.2d 996 (1925)

DERBY OIL CO. v. MOTTER, Collector of Internal Revenue.

District Court, D. Kansas, Second Division.

March 26, 1925.

Attorney(s) appearing for the Case

C. G. Yankey, of Wichita, Kan., John H. Brennan, of Tulsa, Okl., and L. P. Brooks, of Wichita, Kan., for plaintiff.

Al F. Williams, U. S. Atty., and Alton H. Skinner, Asst. U. S. Atty., both of Topeka, Kan., and Nelson T. Hartson and Chas. T. Hendler, Associate Solicitors of Internal Revenue, both of Washington, D. C., for defendant.

POLLOCK, District Judge.

This is an action at law, brought by plaintiff to recover from defendant certain taxes paid by plaintiff under protest. A demand for refund of same having been made and denied, this action was brought. The taxes were assessed by the government against the plaintiff under the provisions of the Act of February 24, 1919. By stipulation the amount of recovery, if allowed to plaintiff, is fixed by stipulation of parties at $6,590.18, with interest...

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