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LIVE STOCK NAT. BANK v. UNITED STATES

No. 8610.

36 F.2d 334 (1929)

LIVE STOCK NAT. BANK, SIOUX CITY, IOWA, v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

November 14, 1929.

Attorney(s) appearing for the Case

William C. Dorsey, of Omaha, Neb. (H. Malcolm Baldridge, of Omaha, Neb., on the brief), for appellant.

Charles T. Hendler, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C. (Bennett E. Rhinehart, U. S. Atty., of Anamosa, Iowa, C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., on the brief), for the United States.

Before VAN VALKENBURGH and GARDNER, Circuit Judges, and WOODROUGH, District Judge.

GARDNER, Circuit Judge.

In this action plaintiff seeks to recover from the United States certain war and excess profit taxes collected from it for the years 1917 and 1918, amounting to $36,590.60, which it is alleged were wrongfully and illegally assessed against it by the Commissioner of Internal Revenue. The basis of this allegation is that the Commissioner of Internal Revenue assessed its excess profit tax for the years 1917 and 1918 in the manner prescribed by...

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