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DARBY-LYNDE CO. v. ALEXANDER

No. 407.

51 F.2d 56 (1931)

DARBY-LYNDE CO. v. ALEXANDER, Collector of Internal Revenue.

Circuit Court of Appeals, Tenth Circuit.

June 29, 1931.

Attorney(s) appearing for the Case

Chas. P. Gotwals, of Muskogee, Okl. (John T. Gibson, Wm. A. Killey, and Jas. D. Gibson, all of Muskogee, Okl., on the brief), for appellant.

R. P. Hertzog, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C. (Roy St. Lewis, U. S. Atty., of Oklahoma City, Okl., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., on the brief), for appellee.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.

PHILLIPS, Circuit Judge.

The Darby-Lynde Company brought this suit to recover an alleged over-payment of income taxes. The trial court sustained a demurrer to the petition. The essential facts set up in the petition follow.

Plaintiff is a Delaware corporation engaged in producing and marketing oil and gas, with its principal office and place of business in Oklahoma. At the beginning of the taxable period, January 1, 1926, plaintiff was the owner of certain...

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