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McKEESPORT TIN PLATE CO. v. HEINER

Nos. 5438, 5439.

77 F.2d 756 (1935)

McKEESPORT TIN PLATE CO. v. HEINER, Collector of Internal Revenue. SAME v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

May 15, 1935.

Attorney(s) appearing for the Case

S. Leo Ruslander and Samuel Kaufman, both of Pittsburgh, Pa. (J. P. Fife and Wm. J. Levy, both of Pittsburgh, Pa., and Harry Friedman, of Philadelphia, Pa., of counsel), for appellant.

Frank J. Wideman, Asst. Atty. Gen., and Sewall Key and Warren F. Wattles, Sp. Assts. to the Atty. Gen., for appellees.

Before BUFFINGTON and THOMPSON, Circuit Judges, and JOHNSON, District Judge.

BUFFINGTON, Circuit Judge.

In the court below the taxpayer, McKeesport Tin Plate Company, brought suit against the Collector of Internal Revenue to recover back taxes alleged to have been unlawfully assessed. By written stipulation, trial by jury was waived and the case was heard by the judge, who found in favor of defendant. On entry of judgment, the taxpayer took this appeal. Such judgment is as conclusive as the verdict of a jury, and a review thereof on the taxpayer...

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