ALSCHULER, Circuit Judge.
Suit was brought by the partnership of Alfred Decker & Cohn to recover excess war profits taxes (Revenue Act 1917, 40 Stat. 300) alleged to have been wrongfully assessed and collected for the taxable year 1917. The appeal is from a judgment of the District Court denying the recovery.
The facts are not in dispute. During the taxable year in question, and prior thereto, the partnership consisting of Decker, Cohn, and Peine, was...
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