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McLAUGHLIN v. PACIFIC LUMBER CO.

No. 6816.

66 F.2d 895 (1933)

McLAUGHLIN, Collector of Internal Revenue, v. PACIFIC LUMBER CO.

Circuit Court of Appeals, Ninth Circuit.

September 6, 1933.

Attorney(s) appearing for the Case

I. M. Peckham, U. S. Atty., and Esther B. Phillips, Asst. U. S. Atty., both of San Francisco, Cal. (C. M. Charest, Gen. Counsel, Wright Matthews, and Warren W. Cole, Attys., Bureau of Internal Revenue, all of Washington, D. C., of counsel), for appellant.

F. D. Madison, Alfred Sutro, Felix T. Smith, V. K. Butler, Jr., and Eugene D. Bennett, all of San Francisco, Cal. (Pillsbury, Madison & Sutro, of San Francisco, Cal., of counsel), for appellee.

Before WILBUR and SAWTELLE, Circuit Judges, and NORCROSS, District Judge.

SAWTELLE, Circuit Judge.

From a judgment rendered by the District Court in favor of the Pacific Lumber Company, plaintiff below, for recovery of income taxes paid to the collector of internal revenue, the latter appeals. The judgment was for $143,122.23, representing income taxes paid by the appellant for the year 1923. Interest on that sum at the rate of 6 per cent. to January 13, 1932, totaling $64,977.53, and interest on...

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