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PARKER v. ROUTZAHN

No. 5847.

56 F.2d 730 (1932)

PARKER v. ROUTZAHN.

Circuit Court of Appeals, Sixth Circuit.

March 8, 1932.

Attorney(s) appearing for the Case

Joseph B. Shepler, of Cleveland, Ohio (Thompson & Smith, of Cleveland, Ohio, on the brief), for appellant.

Percia E. Miller, of Washington, D. C. (Wilfred J. Mahon and John B. Osmun, both of Cleveland, Ohio, and C. M. Charest, of Washington, D. C., on the brief), for respondent.

Before HICKS and HICKENLOOPER, Circuit Judges, and TUTTLE, District Judge.

TUTTLE, District Judge.

This is an appeal by the plaintiff below from a judgment of the District Court, after written waiver of a jury, which dismissed an action brought against the defendant collector of internal revenue to recover certain income taxes, hereinafter mentioned, paid to the defendant under protest. The action was commenced by John J. Parker, but upon his death the administratrix of his estate was substituted as plaintiff herein. He, however, for convenience...

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