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FARMERS' & MERCHANTS' BANK v. COMMISSIONER OF INT. REV.

No. 5973.

59 F.2d 912 (1932)

FARMERS' & MERCHANTS' BANK OF CATLETTSBURG, KY., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Sixth Circuit.

June 27, 1932.

Attorney(s) appearing for the Case

George B. Martin, of Catlettsburg, Ky., (Chester A. Bennett, of Washington, D. C., on the brief), for petitioner.

Helen R. Carloss, of Washington, D. C. (G. A. Youngquist, Asst. Atty. Gen., and Sewall Key, Wm. Cutler Thompson, C. M. Charest, T. M. Mather, and J. M. Morawski, all of Washington, D. C., on the brief), for respondent.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

HICKS, Circuit Judge.

Petitioner, a corporation, was engaged in the banking business at Catlettsburg, Ky., and within the district of the Federal Reserve Bank of Cleveland, Ohio. It was the custom of petitioner to make a charge for the collection of checks on foreign banks and of checks drawn on it and sent from other banks. Petitioner was not a member of the Federal Reserve System so that checks drawn on it instead of being cleared through the Reserve Bank were sent...

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