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DUBISKE v. UNITED STATES

No. 6598.

98 F.2d 361 (1938)

DUBISKE v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied August 4, 1938.

Attorney(s) appearing for the Case

James E. Mathews, John H. Orgill, and Lloyd F. Loux, all of Cleveland, Ohio, and Daniel L. Donovan, of Chicago, Ill., for appellant.

James W. Morris, Asst. Atty. Gen., Sewall Key, Norman D. Keller, and Paul R. Russell, Sp. Assts. to Atty. Gen., and Michael L. Igoe, U. S. Atty., and David L. Bazelon, Asst. U. S. Atty., both of Chicago, Ill., for the United States.

Before SPARKS, MAJOR, and TREANOR, Circuit Judges.

TREANOR, Circuit Judge.

This is an appeal from a judgment of the District Court of the United States for the Northern District of Illinois, Eastern Division, rendered in an action at law which was prosecuted by the plaintiff, a taxpayer, to recover alleged overpayment of income taxes for the year 1919. The answer of the defendant, The United States, consisted of (1) a general denial; (2) statute of limitations; and (3) failure...

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