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MILLER v. McCAUGHN

No. 3785.

27 F.2d 128 (1928)

MILLER v. McCAUGHN, Collector.

Circuit Court of Appeals, Third Circuit.

June 20, 1928.

Attorney(s) appearing for the Case

Samuel Galt Birnie, of Philadelphia, Pa., for plaintiff in error.

Martin W. Goldsworthy, of Washington, D. C., George W. Coles, U. S. Atty., of Philadelphia, Pa., and C. M. Charest, of Washington, D. C., for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below Philippus W. Miller brought suit against the collector to recover income tax which he alleged he was wrongfully forced to pay. Jury having been waived, the trial judge found a verdict in favor of the collector, whereupon the plaintiff brought the case to this court for review.

The facts, which are undisputed, are that the judges of the orphans' court in Philadelphia, having occasion to be advised as to the financial...

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