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OHIO LOCOMOTIVE CRANE CO. v. DENMAN

Nos. 6420-6423.

73 F.2d 408 (1934)

OHIO LOCOMOTIVE CRANE CO. v. DENMAN. SAME v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

November 16, 1934.

Attorney(s) appearing for the Case

E. J. Brunenkant, of Cleveland, Ohio, for Ohio Locomotive Crane Co.

Morton K. Rothschild, of Washington, D. C. (Emerich B. Freed, of Cleveland, Ohio, Lee N. Murlin and Herman A. Krueger, both of Toledo, Ohio, and E. Barrett Prettyman and Henry L. Young, both of Washington, D. C., on the brief), for Denman and United States.

Before HICKS and SIMONS, Circuit Judges, and RAYMOND, District Judge.

HICKS, Circuit Judge.

On February 12, 1930, appellant, the Ohio Locomotive Crane Company, herein called Corporation No. 2, brought suit against Nauts, Collector of Internal Revenue, to recover the sum of $124,714.27 and $22,270.85, with interest, which sums it alleged had been wrongfully exacted from it as income and profits taxes for the year 1918, and for the period from January 1 to September 30, 1919, respectively. Nauts died and the pending suit was revived against...

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