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PHILIP CAREY MFG. CO. v. DEAN

No. 5842.

58 F.2d 737 (1932)

PHILIP CAREY MFG. CO. v. DEAN.

Circuit Court of Appeals, Sixth Circuit.

May 13, 1932.

Attorney(s) appearing for the Case

Luther Day and E. J. Brunenkant, both of Cleveland, Ohio (Edward J. Brunenkant, of Cleveland, Ohio, on the brief), for appellant.

Frank Hier, of Cincinnati, Ohio, and I. Graff, of Washington, D. C. (Haveth E. Mau, of Cincinnati, Ohio, and C. M. Charest, Ottamar Hamele, and Isadore Graff, all of Washington, D. C., and Frank Hier, of Cincinnati, Ohio, on the brief), for appellee.

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

HICKS, Circuit Judge.

This suit was brought by appellant to recover income and profits taxes for the year 1918 assessed against and paid by it. Appellant claimed that the assessment and collection were barred by the statute of limitations. The case was heard by the judge without a jury. At the close of the evidence each party moved for judgment. Appellant's motion was denied, and that of appellee was granted. Appellant excepted and filed its bill of exceptions. There...

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