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SCHLEMMER v. UNITED STATES

No. 118.

94 F.2d 77 (1938)

SCHLEMMER v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

January 10, 1938.

Attorney(s) appearing for the Case

Hugh Satterlee and Satterlee & Green, all of New York City (William R. Green, Jr., and Jerome R. Hellerstein, both of New York City, of counsel), for appellant.

Lamar Hardy, U. S. Atty., of New York City (William F. Young, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

The judgment on appeal dismissed a petition under the Tucker Act, 24 Stat. 505, to recover part of the plaintiff's income tax, paid for the year 1927. He was president of a company engaged in the contracting business, one, Richardson, was vice-president, and the two with their wives owned all the shares. In the spring of 1927 as directors they had voted themselves each a salary of $30,000, which the...

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