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MOTTER v. BANKERS MORTGAGE CO. OF TOPEKA, KAN.

No. 1571.

93 F.2d 778 (1937)

MOTTER, Collector of Internal Revenue, v. BANKERS MORTGAGE CO. OF TOPEKA, KAN., et al.

Circuit Court of Appeals, Tenth Circuit.

December 31, 1937.

Attorney(s) appearing for the Case

Warren F. Wattles, Sp. Asst. to Atty. Gen. (James W. Morris, Asst. Atty. Gen., Sewall Key, Sp. Asst. to Atty. Gen., and Summerfield S. Alexander, U. S. Atty., and R. T. McCluggage, Asst. U. S. Atty., both of Topeka, Kan., on the brief), for appellant.

T. M. Lillard and Otis S. Allen, both of Topeka, Kan. (O. B. Eidson, and P. H. Lewis, both of Topeka, Kan., on the brief), for appellees.

Before LEWIS, BRATTON, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

The Bankers Mortgage Company of Topeka, Kan., brought this action against the collector of internal revenue for the District of Kansas to recover amounts paid as federal stamp taxes. The mortgage company subsequently going into bankruptcy, its trustee was substituted as a party plaintiff. Trial by jury having been waived, the cause was tried to the court.

The mortgage company was organized under the laws of Kansas. During the periods...

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