MORTON, District Judge.
This is a suit to recover back corporation taxes paid by the plaintiff for the years 1921, 1922, and 1923. No question is made but what the action is properly brought under the statute of 1924, and all formal requirements have been met by the plaintiff. The facts are covered by stipulation. Those material to the present controversy may be briefly stated:
In January, 1920, the plaintiff hired one Stewart as sales manager under a contract...
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