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WILMINGTON STEAMBOAT CO. v. STURGESS

No. 4713.

55 F.2d 831 (1932)

WILMINGTON STEAMBOAT CO. v. STURGESS, Collector of Internal Revenue.

Circuit Court of Appeals, Third Circuit.

January 23, 1932.

Attorney(s) appearing for the Case

Robert T. McCracken and C. Russell Phillips, both of Philadelphia, Pa., and Willard F. Lippincott, of Camden, N. J., for appellant.

Phillip Forman, U. S. Atty., of Trenton, N. J. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Albert T. Clark, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for appellee.

Before BUFFINGTON and WOOLLEY, Circuit Judges, and THOMSON, District Judge.

THOMSON, District Judge.

This is an action brought by the Wilmington Steamboat Company, claimant-appellant, against Edward L. Sturgess, collector of internal revenue for the First district of New Jersey, defendant-appellee, to recover a part of certain additional income taxes alleged to have been erroneously collected from the plaintiff for the calendar year 1919. The case was tried below by the court, a jury trial being waived. The judge, after hearing the evidence...

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