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McLAUGHLIN v. BAKER, HAMILTON & PACIFIC CO.

No. 5628.

31 F.2d 545 (1929)

McLAUGHLIN, Collector of Internal Revenue, v. BAKER, HAMILTON & PACIFIC CO.

Circuit Court of Appeals, Ninth Circuit.

March 11, 1929.

Attorney(s) appearing for the Case

George J. Hatfield, U. S. Atty., and George M. Naus and Chellis M. Carpenter, Asst. U. S. Attys., all of San Francisco, Cal., for appellant.

Warren Olney, Jr., J. M. Mannon, Jr., A. Crawford Greene, and Edwin S. Pillsbury, all of San Francisco, Cal., for appellee.

Before RUDKIN and DIETRICH, Circuit Judges, and BEAN, District Judge.

RUDKIN, Circuit Judge.

This is an appeal from a judgment in favor of a taxpayer and against the collector of internal revenue for the recovery of taxes illegally collected. The case has been brought here for review on the judgment roll, and the sufficiency of the complaint to support the judgment is the only question presented for decision. The amount or value of the invested capital of the taxpayer during the year 1919 is the question at issue between the parties...

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