PAGE, Circuit Judge.
Plaintiff in error, called plaintiff, sues to recover money paid under protest as an income tax, claimed to have been illegally exacted from him for the year 1920. He states, as the basis of his claim, that the income received was for services as an "instrumentality of the government of the state of Illinois in carrying on and performing its functions of government." The question is: Is the declaration obnoxious to a general demurrer?
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