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DAUPHIN DEPOSIT TRUST CO. v. UNITED STATES

No. 5783.

80 F.2d 893 (1935)

DAUPHIN DEPOSIT TRUST CO. v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

December 3, 1935.

Attorney(s) appearing for the Case

John B. Pearson, Douglass D. Storey, and Hause, Evans, Storey & Lick, all of Harrisburg, Pa., for appellant.

Frank J. Wideman, Asst. Atty. Gen., and Sewall Key and John G. Remey, Sp. Assts. to Atty. Gen., for the United States.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

This case involves the claimed right of the government to exact a documentary tax on certain written certificates issued by the taxpayer. The lower court upheld the government's position, whereupon the taxpayer appealed.

The facts of the case are these: The taxpayer is a chartered bank of Pennsylvania which is authorized to, and does, conduct two distinct departments — one, banking...

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