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UNITED STATES v. JOHN BARTH CO.

No. 3885.

27 F.2d 782 (1928)

UNITED STATES v. JOHN BARTH CO. et al.

Circuit Court of Appeals, Seventh Circuit.

On Petition for Rehearing, September 12, 1928.

Attorney(s) appearing for the Case

Mabel Walker Willebrandt, Asst. Atty. Gen., for the United States.

Louis Quarles, of Milwaukee, Wis., and S. Sidney Stein, of Chicago, Ill., for defendant in error.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.

EVAN A. EVANS, Circuit Judge.

Plaintiff brought this action to recover $29,442.42, together with interest thereon at 1 per cent. per month from June, 1919. Liability was traced to an agreement executed by defendants whereby they agreed "to pay any part of the tax found by the Commissioner to be due plaintiff from John Barth Company as income and profits tax." Defendants demurred to the complaint on the ground that the cause of action was barred by the statute of limitations...

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