CARNILL v. McCAUGHN

No. 13682.

30 F.2d 696 (1929)

CARNILL v. McCAUGHN, Internal Revenue Collector.

District Court, E. D. Pennsylvania.

February 13, 1929.


Attorney(s) appearing for the Case

Joseph L. McAleer, of Philadelphia, Pa., for plaintiff.

Mark Thatcher, Asst. U. S. Atty., of Philadelphia, Pa., William T. Sabine, Jr., Asst. Gen. Counsel, of Washington, D. C., and George W. Coles, U. S. Atty., of Philadelphia, Pa., for defendant.


DICKINSON, District Judge.

A ruling in this case was withheld until counsel could incorporate in their briefs cases pending at the time of the argument of this case. The pending cases have been decided, and we now have these briefs.

The complaint out of which the cause of action arises is the unlawful exaction of a tax payment. Following the Pennsylvania Practice Act of 1915 (Pa. St. 1920, § 17181 et seq.) the defendant has set up the lawfulness of the...

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