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McLAUGHLIN v. DEAN WITTER & CO.

No. 7219.

69 F.2d 259 (1934)

McLAUGHLIN v. DEAN WITTER & CO.

Circuit Court of Appeals, Ninth Circuit.

March 5, 1934.

Attorney(s) appearing for the Case

H. H. McPike, U. S. Atty., and Esther B. Phillips, Asst. U. S. Atty., both of San Francisco, Cal., for appellant.

F. D. Madison, Marshall P. Madison, and Gerald S. Levin, all of San Francisco, Cal. (Pillsbury, Madison & Sutro, of San Francisco, Cal., of counsel), for appellee.

Before WILBUR, SAWTELLE, and GARRECHT, Circuit Judges.

SAWTELLE, Circuit Judge.

This is an appeal from a judgment in favor of appellee in an action brought by it against appellant as collector of internal revenue under sections 3220 and 3226 of the Revised Statutes (26 USCA §§ 149, 156) to recover a refund of income taxes alleged to have been illegally collected for the year 1925.

It appears that appellee filed a consolidated income tax return for the year 1925 on behalf of itself and three of its subsidiaries...

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