AMERICAN-LA FRANCE FIRE ENGINE CO. v. RIORDAN

No. 159.

6 F.2d 964 (1925)

AMERICAN-LA FRANCE FIRE ENGINE CO., Inc., v. RIORDAN, Collector, etc.

Circuit Court of Appeals, Second Circuit.

April 6, 1925.


Attorney(s) appearing for the Case

Sackett, Chapman, Brown & Cross, of New York City (William P. Chapman, Jr., of New York City, of counsel), for plaintiff in error.

Richard H. Templeton, U. S. Atty., of Buffalo, N. Y. (Leland G. Davis, Asst. U. S. Atty., of Buffalo, N. Y., and Nelson T. Hartson and Charles T. Hendler, both of Washington, D. C., of counsel), for defendant in error.

Before ROGERS, MANTON, and HAND, Circuit Judges.


MANTON, Circuit Judge.

This writ seeks to review a judgment dismissing an action to recover moneys paid under protest as excise taxes. Plaintiff in error is a manufacturer of motor-driven fire apparatus of various kinds, and sells principally to municipalities, but also to volunteer fire organizations. The fire apparatus consists of self-propelling vehicles, the engine of which is also used as a pumping engine. Some are constructed with aerial ladders and chemical...

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