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TINDLE v. HEINER

No. 3432.

27 F.2d 1012 (1928)

TINDLE et al. v. HEINER, Collector of Internal Revenue.

District Court, W. D. Pennsylvania.

June 20, 1928.

Attorney(s) appearing for the Case

James Walton, of Pittsburgh, Pa., for plaintiffs.

John D. Meyer, U. S. Atty., of Pittsburgh, Pa., and John A. McCann, Sp. Atty., C. M. Charest, General Counsel, and T. H. Lewis, Jr., Sp. Atty., Bureau of Internal Rev., all of Washington, D. C., for defendant.

THOMSON, District Judge.

This case is before the court for a new trial. I shall endeavor in my conclusion to be guided strictly by the opinion of the Supreme Court, reversing the judgment, as I understand that opinion, concerning myself with no other question of fact than that submitted for determination. Let us see the exact situation.

The Supreme Court, in its opinion (48 S.Ct. 326, 72 L. Ed. ___), held:

First. That the purpose to use the property...

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