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COSULICH LINE OF TRIESTE v. BOWERS

43 F.2d 615 (1930)

COSULICH LINE OF TRIESTE v. BOWERS, Collector of Internal Revenue.

District Court, S. D. New York.

September 10, 1930.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (H. Maurice Fridlund, of New York City, of counsel), for plaintiff.

Charles H. Tuttle, U. S. Atty., of New York City (Harry G. Herman, Asst. U. S. Atty., of New York City, of counsel), for defendant.

COXE, District Judge.

This is a motion by the defendant for judgment on the pleadings. The action is to recover a tax payment made under protest October 10, 1927, and representing passage ticket taxes alleged to have been illegally assessed against the plaintiff. The facts are simple and not in dispute.

On May 27, 1926, the plaintiff, owning and operating the steamship Presidente Wilson, by written agreement, "reserved" for Salaam Temple, a New Jersey membership...

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