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UNION PAC. RY. CO. v. BOWERS

Nos. 192-195, 266.

33 F.2d 102 (1929)

UNION PAC. RY. CO. v. BOWERS, and four other cases.

Circuit Court of Appeals, Second Circuit.

May 13, 1929.

Attorney(s) appearing for the Case

Charles C. Paulding, of New York City (William Mann, of New York City, of counsel), for appellant Michigan Cent. R. Co.

Clark, Carr & Ellis, of New York City (Henry W. Clark, of New York City, of counsel), for appellants Union Pac. Ry. Co., and others.

Charles H. Tuttle, U. S. Atty., of New York City (Samuel C. Coleman, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

L. HAND, Circuit Judge.

The complaints alleged that the plaintiffs in March, 1924, made income tax returns for the year 1923, in which they charged themselves with 2 per cent. upon interest paid by them to certain holders of their bonds. They had promised to pay this interest without deduction for any tax which they might be required or permitted to pay or retain under any law of the United States, and they agree that sections 221 and 237 of the Revenue Act of 1921...

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