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SHERRITT v. LEDERER

No. 6019.

83 F.2d 960 (1936)

SHERRITT v. LEDERER.

Circuit Court of Appeals, Third Circuit.

May 18, 1936.

Attorney(s) appearing for the Case

Eliot C. Lovett, of Washington, D. C., and Roscoe R. Koch, of Philadelphia, Pa., for appellant.

Wm. B. Waldo, of Washington, D. C., Sewall Key and J. Louis Monarch, Sp. Assts. to Atty. Gen., and Charles D. McAvoy, U. S. Atty., and Thomas J. Curtin, Asst. U. S. Atty., both of Philadelphia, Pa., for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below M. A. Sherritt brought suit against the collector of internal revenue to recover a refund for taxes improperly collected from him. Jury was waived and the case tried by a judge, who found a verdict for the defendant, whereupon taxpayer took this appeal.

The facts are as stated in the court's opinion:

"During the year 1918 the plaintiff was one of two principal stockholders...

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