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LIBERTY LIFE INS. CO. v. PEPPERELL

No. 540.

40 F.2d 743 (1930)

LIBERTY LIFE INS. CO. v. PEPPERELL, Collector of Internal Revenue.

District Court, D. Kansas, Second Division.

April 5, 1930.

Attorney(s) appearing for the Case

Thomas F. Doran and Clayton E. Kline, both of Topeka, Kan., for plaintiff.

Nelson T. Hartson, Sol. of Internal Revenue, and Forest D. Siefkin, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., and Al. F. Williams, U. S. Atty., and Alton H. Skinner, Asst. U. S. Atty., both of Topeka, Kan. (A. W. Gregg, Gen. Counsel, Bureau of Internal Revenue, and E. H. Horton, Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for defendant.

HOPKINS, District Judge.

The action is one in which the plaintiff seeks to recover from the collector of internal revenue certain taxes alleged to have been illegally assessed and collected for the period from December, 1917, to December, 1920, inclusive. It appears to have been filed in 1923 and continued from time to time up until November 30, 1928, when trial by jury was waived and the case submitted to the court for decision on an agreed statement of facts and...

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