UNITED STATES v. NEZ PERCE COUNTY, IDAHO

Nos. 8560, 8561.

95 F.2d 238 (1938)

UNITED STATES v. NEZ PERCE COUNTY, IDAHO. SAME v. LEWIS COUNTY, IDAHO.

Circuit Court of Appeals, Ninth Circuit.

March 4, 1938.


Attorney(s) appearing for the Case

John A. Carver, U. S. Atty., and E. H. Casterlin and Frank Griffen, Asst. U. S. Attys., all of Boise, Idaho, and John H. Wheeler, Sp. Atty., Dept. of Justice, of Los Angeles, Cal., for the United States.

Ray E. Durham, E. C. Butler, and Thomas A. Madden, all of Lewiston, Idaho and G. C. Pennell, of Nez Pierce, Idaho, for appellees.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.


HEALY, Circuit Judge.

The United States has petitioned for a rehearing of these cases, contending that the court was in error in denying the recovery of interest. Petitioner cites authorities such as Erskine v. Van Arsdale, 15 Wall. 75, 21 L.Ed. 63, holding that, where suit has been brought against a collector to recover the amount of a tax illegally exacted, interest should be allowed from the date of the exaction, and attention is called to the fact that certain...

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