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KEHOTA MINING CO. v. LEWELLYN

Nos. 4941, 4942.

28 F.2d 995 (1928)

KEHOTA MINING CO. v. LEWELLYN. SAME v. HEINER, Collector of Internal Revenue.

District Court, W. D. Pennsylvania.

July 30, 1928.

Attorney(s) appearing for the Case

Smith, Shaw & McClay, of Pittsburgh, Pa., for plaintiff.

John D. Meyer, U. S. Atty., of Pittsburgh, Pa., and C. M. Charest, John A. McCann, and F. J. Ready, Jr., all of Washington, D. C., for defendant.

SCHOONMAKER, District Judge.

These two actions are for the recovery of income taxes alleged to have been illegally collected from the plaintiff, a mining corporation, by the two defendants as collectors of internal revenue. A jury trial was waived, and both cases were tried together. The suit against Lewellyn, the former collector, is to recover taxes paid during his term of office; i. e., $10,815.80, based on plaintiff's original return for the year 1918, and the...

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