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ENTERPRISE COAL CO. v. PHILLIPS

No. 6006.

84 F.2d 565 (1936)

ENTERPRISE COAL CO. v. PHILLIPS.

Circuit Court of Appeals, Third Circuit.

June 15, 1936.

Attorney(s) appearing for the Case

Wm. J. Fitzgerald, of Scranton, Pa. (Kelly, Balentine, Fitzgerald & Kelly, of Scranton, Pa., of counsel), for appellant.

Robert H. Jackson, Asst. Atty. Gen., Sewall Key and Julian G. Gibbs, Sp. Assts. to the Atty. Gen. (Frederick V. Follmer, U. S. Atty., of Scranton, Pa., of counsel), for appellee.

Before BUFFINGTON, Circuit Judge, and DICKINSON and FORMAN, District Judges.

PER CURIAM.

In the court below the Enterprise Coal Company brought suit against the collector of internal revenue to recover taxes which it alleged were illegally collected from it. By written stipulation, trial by jury was waived and the case tried by the judge, who found for the collector, and from a judgment entered against the defendant this appeal was taken.

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