DONAHUE, Circuit Judge.
Kaufman-Straus Company brought action against Lucas, collector of internal revenue for the district of Kentucky, to recover a part of income and excess profit tax assessed against it in the year 1917 and paid under protest. The defendant filed a demurrer to the petition, which was sustained by the trial court, and, the plaintiff failing to plead further, judgment was entered, dismissing the petition at plaintiff's cost. This is the only assignment...
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