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FLORSHEIM BROS. DRY GOODS CO. v. UNITED STATES

No. 5295.

29 F.2d 895 (1928)

FLORSHEIM BROS. DRY GOODS CO., Limited, v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

December 19, 1928.

Attorney(s) appearing for the Case

A. B. Freyer, of Shreveport, La. (Wise, Randolph, Rendall & Freyer, of Shreveport, La., on the brief), for appellant.

Philip H. Mecom, U. S. Atty., of Shreveport, La. (J. Fair Hardin, Asst. U. S. Atty., of Shreveport, La., and C. M. Charest, General Counsel, Bureau of Internal Revenue, and William E. Davis, Special Atty., Bureau of Internal Revenue, both of Washington, D. C., on the brief), for the United States.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This was a suit by appellant to recover back the amount of taxes which it paid under protest upon its income, war profits, and excess profits for the year 1918. It was based on the sole ground that the government forced collection of the taxes after the running of the statute of limitations. The District Court held that the taxes were collected within the period prescribed by law, and entered judgment dismissing the suit.

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