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LEE HARDWARE CO. v. UNITED STATES

No. 7916.

25 F.2d 42 (1928)

LEE HARDWARE CO. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

March 16, 1928.

Attorney(s) appearing for the Case

Justin D. Bowersock, of Kansas City, Mo. (Bowersock, Fizzell & Rhodes, of Kansas City, Mo., on the brief), for plaintiff in error.

Al. F. Williams, U. S. Atty., and Alton H. Skinner, Asst. U. S. Atty., both of Topeka, Kan., and C. M. Charest, and T. H. Lewis, Jr., both of Washington, D. C., for defendant in error.

Before STONE and VAN VALKENBURGH, Circuit Judges, and PHILLIPS, District Judge.

STONE, Circuit Judge.

This is an action at law by the plaintiff in error against the United States to recover the income and profits taxes, paid under protest, for the years 1917 to 1920, inclusive. At the trial, defendant conceded certain overpayments arising from duplication on two items (equipment and automobiles) and concerning these matters there is no dispute here. The judgment refused recovery as to another character...

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