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UNTERMYER v. BOWERS

No. 426.

79 F.2d 9 (1935)

UNTERMYER v. BOWERS.

Circuit Court of Appeals, Second Circuit.

July 8, 1935.

Attorney(s) appearing for the Case

Guggenheimer & Untermyer, of New York City (Eugene Untermyer and Harry Hoffman, both of New York City, and Edgar J. Goodrich, of Washington, D. C., of counsel), for appellant.

Martin Conboy, U. S. Atty., of New York City (Edward J. Ennis, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge.

This appeal is in an action to recover from the collector income taxes unlawfully collected for the year 1919; it is from a judgment dismissing the third amended complaint for insufficiency in law upon its face. On September 18, 1930, the plaintiff took out his writ, and two days later he served it with a complaint which he first amended on October 4, 1932, and again on January 26, 1933. This complaint...

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