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HIGHLAND MILK CONDENSING CO. v. PHILLIPS

No. 3989.

34 F.2d 777 (1929)

HIGHLAND MILK CONDENSING CO. v. PHILLIPS, Collector, etc.

Circuit Court of Appeals, Third Circuit.

September 10, 1929.

Attorney(s) appearing for the Case

G. Mason Owlett, of Wellsboro, Pa., and Hugh Satterlee, of New York City, for appellant.

John T. Olmsted, of Harrisburg, Pa., for appellee.

Before BUFFINGTON and WOOLLEY, Circuit Judges, and FAKE, District Judge.

BUFFINGTON, Circuit Judge.

In the court below the Highland Milk Condensing Company brought suit against the collector to recover income tax alleged to have been wrongfully assessed and collected under protest. By stipulation, jury trial was waived and the case tried by a judge. In his finding of facts and opinion the whole matter is stated in detail, and need not be here related, as the question involved narrows itself to...

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