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UNITED STATES v. PFAFFINGER

No. 6964.

66 F.2d 901 (1933)

UNITED STATES v. PFAFFINGER.

Circuit Court of Appeals, Ninth Circuit.

September 6, 1933.

Attorney(s) appearing for the Case

Samuel W. McNabb, U. S. Atty., and Ignatius F. Parker and Alva C. Baird, Asst. U. S. Attys., all of Los Angeles, Cal. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., and Eugene Harpole, Sp. Atty., Bureau of Internal Revenue, of Los Angeles, Cal., of counsel), for the United States.

Thomas R. Dempsey, A. Calder Mackay, and John T. Riley, all of Los Angeles, Cal., for appellee.

Before WILBUR and SAWTELLE, Circuit Judges.

SAWTELLE, Circuit Judge.

Appellee brought an action at law against appellant in the District Court to recover the sum of $1,697.19, plus interest, representing taxes alleged to have been erroneously collected from him during the year 1924. The case was tried by the court, a jury having been waived by the parties.

The court adopted the special findings of fact requested by the appellee, and gave judgment against appellant...

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