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KING v. UNITED STATES

No. 3877.

79 F.2d 453 (1935)

KING v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

October 8, 1935.

Attorney(s) appearing for the Case

Albert E. James, of Washington, D. C. (Milton W. King, of Washington, D. C., on the brief), for appellant.

Howard P. Locke, Sp. Asst. to the Atty. Gen. (Frank J. Wideman, Asst. Atty. Gen., Norman D. Keller, Sp. Asst. to the Atty. Gen., and Bernard J. Flynn, U. S. Atty., and G. Randolph Aiken, Asst. U. S. Atty., both of Baltimore, Md., on the brief), for the United States.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

NORTHCOTT, Circuit Judge.

The appellant, herein referred to as the plaintiff, brought this action against the United States, in the District Court of the United States for the District of Maryland, to recover $78,557.15, principal and interest, alleged excessive income taxes required by the Commissioner of Internal Revenue to be paid. A demurrer was filed to the plaintiff's declaration and, after argument, in a well-considered opinion, the judge below sustained the...

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