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GEORGE MOORE ICE CREAM CO. v. ROSE

No. 6522.

61 F.2d 605 (1932)

GEORGE MOORE ICE CREAM CO., Inc., v. ROSE.

Circuit Court of Appeals, Fifth Circuit.

November 9, 1932.

Attorney(s) appearing for the Case

J. C. Murphy and D. J. Gantt, both of Atlanta, Ga., for appellant.

C. P. Goree, Asst. U. S. Atty., of Atlanta, Ga., and Lester L. Gibson, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C., for appellee.

Before BRYAN, HUTCHESON, and WALKER, Circuit Judges.

WALKER, Circuit Judge.

This was an action brought on March 28, 1931, by the appellant against the appellee, Collector of Internal Revenue, to recover the principal sum of $4,551.01, with interest, that sum being part of the amount, $6,871.18, assessed against appellant, in November, 1921, as a deficiency of income and profits taxes for the year 1917, and paid by him on November 5, 1923. Appellant's petition alleged the filing by him on November 5, 1927, of a claim...

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