UNITED STATES v. FRENCH

No. 10962.

95 F.2d 922 (1938)

UNITED STATES v. FRENCH et al.

Circuit Court of Appeals, Eighth Circuit.

April 6, 1938.


Attorney(s) appearing for the Case

Earl C. Crouter, Sp. Asst. to Atty. Gen. (James W. Morris, Asst. Atty. Gen., Sewall Key and Norman D. Keller, Sp. Assts. to Atty. Gen., Edwin G. Moon, U. S. Atty., of Ottumwa, Iowa, C. I. Level, Asst. U. S. Atty., of Denison, Iowa, and William R. Sheridan, Asst. U. S. Atty., of Keokuk, Iowa, on the brief), for the United States.

Herbert E. Sitz and Charles D. Waterman, both of Davenport, Iowa (Lane & Waterman, of Davenport, Iowa, on the brief), for appellees.

Before STONE, SANBORN, and WOODROUGH, Circuit Judges.


STONE, Circuit Judge.

May 17, 1929, a check refunding an overpayment of income tax was received by French and Hecht, a partnership in Iowa. May 11, 1931, this action was brought against the individuals composing the partnership on the ground of erroneous refund. After various proceedings, defendant Hecht filed a motion (in the form of an amendment of an earlier motion) to dismiss as to him. Among other things, the motion urged that the action was barred by the applicable...

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