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AMERICAN GAS MACHINE CO. v. WILLCUTS

No. 10719.

87 F.2d 924 (1937)

AMERICAN GAS MACHINE CO., Inc., v. WILLCUTS et al.

Circuit Court of Appeals, Eighth Circuit.

February 17, 1937.

Attorney(s) appearing for the Case

John F. D. Meighen, of Albert Lea, Minn. (Meighen, Knudson & Sturtz, of Albert Lea, Minn., on the brief), for appellant.

Lester L. Gibson, Sp. Asst. to the Atty. Gen. (Robert H. Jackson, Asst. Atty. Gen., Sewall Key and J. Louis Monarch, Sp. Assts. to the Atty. Gen., and George F. Sullivan, U. S. Atty., and Linus J. Hammond, Asst. U. S. Atty., both of St. Paul, Minn., on the brief), for appellees.

Before GARDNER, THOMAS, and FARIS, Circuit Judges.

THOMAS, Circuit Judge.

This is an appeal from a judgment of the District Court against the appellant in an action brought by it to recover from L. M. Willcuts, collector of internal revenue, the sum of $1,726.20 documentary stamp taxes paid under protest in 1930. By order of this court the personal representatives of L. M. Willcuts, now deceased, have been substituted as parties appellees.

Appellees have moved to dismiss the appeal on two grounds: (a) Because...

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