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COLORADO MILLING & ELEVATOR CO. v. HOWBERT

No. 575.

57 F.2d 769 (1932)

COLORADO MILLING & ELEVATOR CO. v. HOWBERT, Collector of Internal Revenue.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied May 14, 1932.

Attorney(s) appearing for the Case

James L. Goree, of Denver, Colo. (William V. Hodges and D. Edgar Wilson, both of Denver, Colo., on the brief), for appellant.

Ralph L. Carr, U. S. Atty., of Denver, Colo. (Ivor O. Wingren, Asst. U. S. Atty., of Denver, Colo., on the brief), for appellee.

Before LEWIS and COTTERAL, Circuit Judges, and KENNAMER, District Judge.

KENNAMER, District Judge.

This is an appeal from a judgment dismissing an action brought against the collector of internal revenue by the Colorado Milling & Elevator Company to recover $15,196.87, with interest from March 8, 1923, representing an amount paid as interest on unpaid income and excess profits taxes for the fiscal year ending June 30, 1917, which were erroneously assessed against appellant.

This case was not tried on its merits, but demurrers...

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