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DUBINSKY v. BECKER

No. 9335.

64 F.2d 601 (1933)

DUBINSKY v. BECKER, Collector of Internal Revenue.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied April 29, 1933.

Attorney(s) appearing for the Case

Chase Morsey, of St. Louis, Mo. (Thomas B. Harlan, of St. Louis, Mo., on the brief), for appellant.

Louis H. Breuer, U. S. Atty., of Rolla, Mo., George C. Dyer, Asst. U. S. Atty., of St. Louis, Mo., C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and R. E. Updike, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for appellee.

Before STONE, VAN VALKENBURGH, and BOOTH, Circuit Judges.

STONE, Circuit Judge.

From an adverse judgment in an action by appellant to recover from the local Collector of Internal Revenue this appeal is brought. The taxes are additional income taxes for the year 1922, which were assessed in 1928. The pleaded grounds for recovery are that the taxes "were barred by the statute of limitations and were collected without warrant or authority of law, and by means of restraint and under duress."

Appellant bases his right...

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