BEAN, District Judge.
This is an action brought to recover income and excess profit tax alleged to have been unlawfully and illegally assessed. It appears from the record that for five or six years prior to July, 1920, the plaintiffs were the owners and operators of a moving picture theater at 509 Union avenue, and were occupying the premises under a lease from month to month at a rental of $165 a month. On the 10th of June, 1920, Von Herberg and his associates, without...
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