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FERGUSON v. FORSTMANN

Nos. 3615, 3616.

25 F.2d 47 (1928)

FERGUSON, Former Collector of Internal Revenue, v. FORSTMANN. GNICHTEL, Collector of Internal Revenue, v. SAME.

Circuit Court of Appeals, Third Circuit.

March 15, 1928.

Attorney(s) appearing for the Case

Walter G. Winne, U. S. Atty., of Hackensack, N. J., James S. Turp, Asst. U. S. Atty., of Trenton, N. J., and C. M. Charest and John R. Wheeler, both of Washington, D. C., for plaintiffs in error.

Wall, Haight, Carey & Hartpence, of Jersey City, N. J. (Thomas G. Haight and Robert H. Montgomery, both of Jersey City, N. J., of counsel), for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

These two cases are here on writ of error of the collectors of internal revenue. They are based upon the same facts and were tried together in the District Court. There are two suits, rather than one, because part of the tax in question was paid to one collector, and part to the other. They were tried to the court without a jury on stipulated facts.

There was a question as to the citizenship of Mrs. Adolfine Forstmann and her husband...

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