McLAUGHLIN v. COOS BAY LUMBER CO.

No. 7832.

80 F.2d 763 (1935)

McLAUGHLIN, Collector of Internal Revenue, v. COOS BAY LUMBER CO.

Circuit Court of Appeals, Ninth Circuit.

December 16, 1935.


Attorney(s) appearing for the Case

H. H. McPike, U. S. Atty., of San Francisco, Cal., and Frank J. Wideman, Asst. Atty. Gen., and Sewall Key, Andrew D. Sharpe, E. F. McMahon, and Berryman Green, Sp. Assts. to the Atty. Gen., for petitioner.

Lyman Henry, of San Francisco, Cal., for respondent.

Before WILBUR, MATHEWS, and HANEY, Circuit Judges.


HANEY, Circuit Judge.

From a judgment rendered in favor of plaintiff in an action brought to recover stamp taxes alleged to have been erroneously paid, the collector has appealed. The action was tried by the court, after a written waiver of the jury was filed, on a stipulation of the facts.

It appears from the stipulation of facts that appellee is a Delaware corporation, which until February 15, 1928, when its name was changed to the present one, was named...

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