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VIDAL v. STAHMANN FARMS

No. 1568.

93 F.2d 902 (1937)

VIDAL, Collector of Internal Revenue, v. STAHMANN FARMS.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied February 5, 1938.

Attorney(s) appearing for the Case

F. E. Youngman, Sp. Asst. to the Atty. Gen. (James W. Morris, Asst. Atty. Gen., Sewall Key and James E. Murphy, Sp. Assts. to the Atty. Gen., and Warner W. Gardner, Atty., United States Department of Justice, of Washington, D. C., on the brief), for appellant.

W. C. Whatley, of Las Cruces, N. M., for appellees.

Before BRATTON and WILLIAMS, Circuit Judges, and SYMES, District Judge.

SYMES, District Judge.

Plaintiff below (Stahmann Farms), a copartnership, recovered judgment for $13,064.52 against the appellant (defendant below), in the District Court of the United States for the District of New Mexico, alleged to have been paid as taxes under the so-called Bankhead Cotton Act, Act of April 21, 1934, c. 157, 48 Stat. 598, 7 U.S.C.A. §§ 701-725 notes. The defendant appeals. Two questions are briefed and argued: (1) Is the plaintiff the...

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