BIBB MFG. CO. v. ROSE

No. 7835.

81 F.2d 228 (1936)

BIBB MFG. CO. v. ROSE, Collector of Internal Revenue.

Circuit Court of Appeals, Fifth Circuit.

January 18, 1936.


Attorney(s) appearing for the Case

J. C. Murphy, of Atlanta, Ga., and Scott Russell, of Macon, Ga., for appellant.

W. B. Waldo, Sp. Asst. to the Atty. Gen., Frank J. Wideman, Asst. Atty. Gen., and Sewall Key, Sp. Asst. to the Atty. Gen., and M. Neil Andrews, Asst. U. S. Atty., of Atlanta, Ga., for appellee.

Before FOSTER and HUTCHESON, Circuit Judges, and HOLMES, District Judge.


FOSTER, Circuit Judge.

This is an appeal from a judgment, entered on a directed verdict, denying recovery of income taxes alleged to be an overpayment illegally exacted by the collector. The only assignment of error pressed runs to the direction of the verdict.

There is no dispute as to the material facts, which may be somewhat briefly stated. Appellant, Bibb Manufacturing Company was engaged in making cotton fabric used in the manufacture of rubber automobile...

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