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ROUTZAHN v. PETROLEUM IRON WORKS CO. OF OHIO

No. 5769.

56 F.2d 938 (1932)

ROUTZAHN v. PETROLEUM IRON WORKS CO. OF OHIO.

Circuit Court of Appeals, Sixth Circuit.

March 11, 1932.

Attorney(s) appearing for the Case

E. O. Hanson, of Washington, D. C. (Wilfred J. Mahon and John B. Osmun, both of Cleveland, Ohio, and C. M. Charest and R. P. Hertzog, both of Washington, D. C., on the brief), for appellant.

H. H. Hoppe, of Cleveland, Ohio (John Walsh, of Washington, D. C., and Taplin & Fillius, of Cleveland, Ohio, on the brief), for respondent.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

HICKENLOOPER, Circuit Judge.

Plaintiff obtained a judgment in the court below for the recovery of federal income and excess profits taxes alleged to have been illegally assessed for the fiscal years ending June 30, 1918, and June 30, 1919, and to have been paid under protest and duress. Defendant appeals. A jury was waived by written stipulation, and the first question to be considered is the sufficiency of the record to permit this court to consider the meritorious...

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