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FREEMAN v. UNITED STATES

No. 5239.

71 F.2d 969 (1934)

FREEMAN v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied July 31, 1934.

Attorney(s) appearing for the Case

H. F. Stambaugh, Ralph H. Demmler, and Watson & Freeman, all of Pittsburgh, Pa., for appellant.

Horatio S. Dumbauld, U. S. Atty., and John A. McCann, Sp. Asst. to U. S. Atty., both of Pittsburgh, Pa. (E. Barrett Prettyman, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., and Frank J. Ready, Jr., Sp. Asst. to Atty. Gen., of counsel), for appellee.

Before BUFFINGTON and DAVIS, Circuit Judges, and JOHNSON, District Judge.

PER CURIAM.

In this tax case it appears John M. Freeman, the taxpayer, sued the collector to recover taxes alleged to have been illegally collected from him for the tax year of 1917. By stipulation filed, jury was waived, and the trial judge entered judgment in defendant's favor. Whereupon the taxpayer took this appeal.

The pertinent facts, about which there was no dispute, and the question involved, are comprehensively stated in the opinion of the trial judge...

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