ANARGYROS v. EDWARDS

No. 276.

26 F.2d 319 (1928)

ANARGYROS v. EDWARDS, Collector of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

May 14, 1928.


Attorney(s) appearing for the Case

Lord, Day & Lord, of New York City (Franklin Grady and Richard S. Holmes, both of New York City, of counsel), for plaintiff in error.

Charles H. Tuttle, U. S. Atty., of New York City (Samuel C. Coleman, Asst. U. S. Atty., of New York City, of counsel), for defendant in error.

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


MANTON, Circuit Judge.

The complaint, seeking to recover for a tax paid by the plaintiff in error, a manufacturer of cigarettes, for the privilege of engaging in that occupation, was dismissed below on motion, where it was held not to state a cause of action. For the year ending June 30, 1921, in accordance with the provisions of title 10, § 1002, of the Revenue Act of 1918 (Comp. St. § 5980p), the tax in question was imposed on manufacturers of cigarettes...

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