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ELECTRIC STEEL FOUNDRY v. HUNTLEY

No. 5744.

32 F.2d 892 (1929)

ELECTRIC STEEL FOUNDRY v. HUNTLEY, Collector of Internal Revenue, et al.

Circuit Court of Appeals, Ninth Circuit.

May 27, 1929.

Attorney(s) appearing for the Case

D. J. Malarkey, E. B. Seabrook, and A. M. Dibble, all of Portland, Or., for appellant.

George Neuner, U. S. Atty., and J. W. McCulloch, Asst. U. S. Atty., both of Portland, Or., C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., George G. Witter, Sp. Atty. Bureau of Internal Revenue, of Los Angeles, Cal., and Harrison F. McConnell, Sp. Atty. Bureau of Internal Revenue, of Washington, D. C., for appellees.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

RUDKIN, Circuit Judge.

This was a suit by a corporation taxpayer against the United States collector of internal revenue and his deputy to cancel and annul an income and profits tax waiver executed by the secretary of the corporation, on the ground that the waiver was procured by duress and on the further ground that the secretary was without authority to bind the corporation. The bill of complaint was dismissed on motion in the court below for the reason that the...

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