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TABER v. UNITED STATES

Nos. 9304, 9305.

59 F.2d 568 (1932)

TABER v. UNITED STATES (two cases).

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied June 24, 1932.

Attorney(s) appearing for the Case

A. Hollingsworth, of Keokuk, Iowa (Hollingsworth & Hollingsworth, of Keokuk, Iowa, on the brief), for appellants.

William B. Waldo, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C. (Ross R. Mowry, U. S. Atty., of Newton, Iowa, and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., on the brief), for the United States.

Before STONE and BOOTH, Circuit Judges, and WYMAN, District Judge.

WYMAN, District Judge.

The above-named appellants have appealed to this court from the action of the United States District Court for the Southern District of Iowa, denying to appellants recovery for income taxes claimed to have been illegally and erroneously assessed, and paid by appellants under protest.

There seems to be little, if any, dispute as to the facts in the case, which as found by the trial court, are substantially as follows:

That on...

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