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WHITE v. HOPKINS

No. 5966.

51 F.2d 159 (1931)

WHITE v. HOPKINS, Collector of Internal Revenue.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied August 5, 1931.

Attorney(s) appearing for the Case

F. B. Walker, of Fort Worth, Tex., and L. E. Cahill and W. Leo Austin, both of Tulsa, Okl., for appellant.

Norman A. Dodge, U. S. Atty., of Fort Worth, Tex., and Wright Matthews, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., on the brief), for appellee.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

FOSTER, Circuit Judge.

This is an appeal from a judgment sustaining a demurrer, which asserted no right or cause of action, and dismissing a suit by appellant to recover back some $13,000 of income taxes, alleged to have been illegally collected.

From the allegations of the petition and annexed exhibits the following material facts are sufficiently shown: The Imperial Gasoline Company, of which appellant is a stockholder...

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