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BAGBY v. UNITED STATES

No. 627.

60 F.2d 80 (1932)

BAGBY v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

July 14, 1932.

Attorney(s) appearing for the Case

Arthur B. Honnold, of Tulsa, Okl. (Jay W. Whitney, of Tulsa, Okl., on the brief), for appellant.

John M. Goldesberry, U. S. Atty., of Tulsa, Okl., and Lester L. Gibson, 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 the United States.

Before LEWIS, COTTERAL, and PHILLIPS, Circuit Judges.

LEWIS, Circuit Judge.

The appellant, plaintiff below, brought this suit to recover income taxes assessed and paid for the year 1918. Her complaint was dismissed on demurrer, and she has appealed.

In support of her allegation that the taxes were erroneously and illegally assessed and collected she sets forth that she is and was at the time of her birth, August 12, 1902, a member of the Creek Tribe of Indians of one-sixteenth Indian blood, and was so enrolled...

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