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BECKER v. EVENS & HOWARD SEWER PIPE CO.

No. 9854.

70 F.2d 596 (1934)

BECKER, Collector of Internal Revenue, v. EVENS & HOWARD SEWER PIPE CO.

Circuit Court of Appeals, Eighth Circuit.

April 16, 1934.

Attorney(s) appearing for the Case

John G. Remey, Sp. Asst. to Atty. Gen. (Louis H. Breuer, U. S. Atty., of Rolla, Mo., Claude M. Crooks, Asst. U. S. Atty., of St. Louis, Mo., and Sewall Key and Lester L. Gibson, Sp. Assts. to Atty. Gen., on the brief), for appellant.

Henry Ravenel, of Washington, D. C. (Oscar E. Buder, of St. Louis, Mo., and Lawrence A. Baker, of Washington, D. C., on the brief), for appellee.

Before STONE and SANBORN, Circuit Judges, and WYMAN, District Judge.

SANBORN, Circuit Judge.

This is an appeal from a judgment in an action at law tried by the court without a jury. There is no bill of exceptions, and the record consists of the pleadings, the special findings of fact, and declarations of law of the court, and the judgment.

The action was brought to recover an alleged overpayment of income and excess profits taxes for the year 1917, which it is claimed were erroneously assessed because the Commissioner of Internal...

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