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GARBUTT OIL CO. v. UNITED STATES

No. 8281.

89 F.2d 749 (1937)

GARBUTT OIL CO. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

April 28, 1937.

Attorney(s) appearing for the Case

Claude I. Parker and Bayley Kohlmeier, both of Los Angeles, Cal., for appellant.

Robert H. Jackson, Asst. Atty. Gen., and Sewell Key, J. Louis Monarch, Harry Marselli, and Morgan V. Martin, Sp. Assts. to the Atty. Gen., and Peirson M. Hall, U.S. Atty., E. H. Mitchell, Sp. Asst. U. S. Atty., and Eugene Harpole, Sp. Atty., Bureau of Internal Revenue, all of Los Angeles, Cal., for the United States.

Before WILBUR and MATHEWS, Circuit Judges, and NETERER, District Judge.

NETERER, District Judge.

This suit is to recover an overpayment of income taxes for the year ending 1919. The appellee pleaded the statute of limitations. Judgment was entered for the appellee March 10, 1936, and reversal is sought.

A trial by jury was waived and the court made findings of fact and conclusions, as required by statute, and found in substance that the appellant is a California corporation; that on October 3, 1907, it leased certain oil land...

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