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GALATOIRE BROS. v. LINES

No. 4787.

23 F.2d 676 (1928)

GALATOIRE BROS. v. LINES, Collector of Internal Revenue.

Circuit Court of Appeals, Fifth Circuit.

January 23, 1928.

Attorney(s) appearing for the Case

Arthur A. Moreno, of New Orleans, La. (Lemle, Moreno & Lemle, of New Orleans, La., on the brief), for plaintiffs in error.

Thos. H. Lewis, Jr., Sp. Atty. Bureau of Internal Revenue, of Washington, D. C., and Wayne G. Borah, U. S. Atty., and E. E. Talbot and T. M. Logan Bruns, Jr., Asst. U. S. Attys., all of New Orleans, La. (C. M. Charest, General Counsel Bureau of Internal Revenue, and T. H. Lewis, Jr., Sp. Atty. Bureau of Internal Revenue, both of Washington, D. C., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

In November, 1916, Jean Galatoire leased to plaintiffs in error, Galatoire Bros., a building in the city of New Orleans for the term of 45 months, commencing January 1, 1917, and ending September 30, 1920, in which building the lessor conducted a restaurant for several years, ending in 1916, and plaintiffs in error conducted a restaurant throughout the year 1917. The lease contract contained the following: "The present lease is made for and...

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