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CANDLER v. ROSE

No. 7752.

80 F.2d 407 (1935)

CANDLER v. ROSE.

Circuit Court of Appeals, Fifth Circuit.

December 4, 1935.

Attorney(s) appearing for the Case

M. E. Kilpatrick and Harold Hirsch, both of Atlanta, Ga., and John E. McClure, of Washington, D. C., for appellant.

Helen R. Carloss and Sewall Key, Sp. Assts. to Atty. Gen., and Frank J. Wideman, Asst. Atty. Gen., and M. Neil Andrews, Asst. U. S. Atty., of Atlanta, Ga., for appellee.

Before HUTCHESON and WALKER, Circuit Judges, and HOLMES, District Judge.

HUTCHESON, Circuit Judge.

Rose v. Dobbs (C.C.A.) 36 F.2d 4641 was, as this one is, a suit by a stockholder of the Coca-Cola Company to recover back income taxes overpaid for the year 1917. Candler, as the holder of 20 shares in that year received, as Dobbs as the holder of 23 shares did, his proportionate part of the distributions the company made, under authority of the resolution of January 18, 1917...

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