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FIRST NAT. BANK OF GREELEY, COLO. v. UNITED STATES

No. 1435.

86 F.2d 938 (1936)

FIRST NAT. BANK OF GREELEY, COLO., v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

December 14, 1936.

Attorney(s) appearing for the Case

Caldwell Martin, of Denver, Colo. (Marmaduke B. Holt, Jr., and Terrell C. Drinkwater, both of Denver, Colo., on the brief), for appellant.

Maurice J. Mahoney, of Washington, D. C. (Robert H. Jackson, Asst. Atty. Gen., J. Louis Monarch and Joseph M. Jones, Sp. Assts. to the Atty. Gen., and Thomas J. Morrissey, U. S. Atty., and Ivor O. Wingren, Asst. U. S. Atty., both of Denver, Colo., on the brief), for the United States.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

McDERMOTT, Circuit Judge.

Appellant filed its petition to recover $2,482.59 income taxes paid under protest for the 1931 tax year, and for $3,287.88 similarly paid for the 1932 tax year. The trial court sustained a demurrer to the petition; appellant elected to stand and judgment went against it. 9 F.Supp. 28.

The controversy grows out of a transaction by which appellant acted as trustee to realize upon the assets of a...

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