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ENNIS COAL CO. v. UNITED STATES

No. 2906.

37 F.2d 574 (1930)

ENNIS COAL CO. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

January 14, 1930.

Attorney(s) appearing for the Case

Leo Brady, of New York City (Jos. M. Sanders, Jr., of Bluefield, W. Va., and John L. Steinbugler and Leo H. Hoffman, both of New York City, on the brief), for appellant.

Okey P. Keadle, Asst. U. S. Atty., of Huntington, W. Va., and Charles T. Hendler, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C. (James Damron, U. S. Atty., of Huntington, W. Va., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., on the brief), for the United States.

Before WADDILL, PARKER, and NORTHCOTT, Circuit Judges.

PER CURIAM.

This is an appeal from an order of the District Court of the United States for the Southern District of West Virginia, at Bluefield, sustaining a demurrer and dismissing the petition of the appellant, who was plaintiff below.

Appellant is a West Virginia corporation, and filed with Collector of Internal Revenue, at Parkersburg W. Va., a claim for refund of war profits and excess profits taxes paid for the year 1918, claiming that it was entitled...

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