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UNITED STATES v. LEEB

No. 337.

20 F.2d 355 (1927)

UNITED STATES v. LEEB et al.

Circuit Court of Appeals, Second Circuit.

June 6, 1927.

Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., of New York City (Thomas J. Crawford and Abbot Low Moffat, Asst. U. S. Attys., both of New York City, of counsel), for the United States.

Benjamin A. Levett, of New York City (William E. Russell, of New York City, of counsel), for defendants in error.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

SWAN, Circuit Judge.

The complaint set forth two causes of action for the recovery of different sums collected by the United States as taxes upon distilled spirits. Plaintiffs had judgment upon both counts, after denial of the defendant's motion to dismiss the complaint, upon the ground that it failed to set forth facts sufficient to constitute a cause of action. Liability on the cause of action set forth in the second count is admitted by the United States. The writ...

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