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WHITE v. CONSOLIDATED EQUITIES

No. 3009.

78 F.2d 435 (1935)

WHITE v. CONSOLIDATED EQUITIES, Inc.

Circuit Court of Appeals, First Circuit.

June 20, 1935.

Attorney(s) appearing for the Case

Joseph M. Jones, Sp. Asst. to Atty. Gen. (Frank J. Wideman, Asst. Atty. Gen., and Sewall Key and Maurice J. Mahoney, Sp. Assts. to Atty. Gen., on the brief), for appellant.

Edward C. Thayer, of Boston, Mass. (Earle W. Carr, and Gaston, Snow, Saltonstall & Hunt, all of Boston, Mass., on the brief), for appellee.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

MORTON, Circuit Judge.

This is an action at law to recover back stock transfer taxes which the plaintiff claims were illegally exacted on certain transactions not properly subject thereto. The statute involved is the Revenue Act of 1926, title 8, Schedule A (3), 26 USCA § 901, Schedule A (3). The case was tried jury waived; the District Judge found in favor of the plaintiff; and the collector has appealed. There appears...

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