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MUNN v. BOWERS

No. 85.

47 F.2d 204 (1931)

MUNN v. BOWERS, Collector of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

January 5, 1931.

Attorney(s) appearing for the Case

Robert E. Manley, Acting U. S. Atty., of New York City (Frank W. Ford, Asst. U. S. Atty., of New York City, of counsel), for appellant.

Jackson, Fuller, Nash & Brophy, of New York City (John G. Jackson and Raymond M. Tierney, both of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

Appellee was elected a member of a golf club, Deepdale Club, a voluntary association. Its constitution and by-laws required, in order to qualify a member, that such member be the owner of one share of class A and one share of class B stock of the Deepdale Golf Club, Inc. But ownership of such shares alone did not entitle the owner to membership in the club; it was necessary that he be elected in pursuance of article X of its bylaws. Appellee...

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