BREWSTER, District Judge.
This is a petition under the Judicial Code as amended (28 USCA §§ 1-443) to recover capital stock tax paid under protest by the petitioner. The matter was heard on the defendant's general demurrer to the petition.
In the allegations of the petition the following pertinent facts are alleged:
The petitioners are trustees of the First People's Trust, under a written declaration of trust dated October 28, 1919. In 1925...
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