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GLENN v. OERTEL CO.

No. 7388.

97 F.2d 495 (1938)

GLENN v. OERTEL CO.

Circuit Court of Appeals, Sixth Circuit.

June 8, 1938.

Attorney(s) appearing for the Case

Helen Carloss, of Washington, D. C. (Robert H. Jackson, Sewall Key and Courtnay C. Hamilton, all of Washington, D. C., and Bunk Gardner and Oldham Clarke, both of Louisville, Ky., on the brief), for appellant.

Grover Sales, of Louisville, Ky. (Grover Sales and E. J. Wells, both of Louisville, Ky., on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

HICKS, Circuit Judge.

The issue here depends upon a construction of certain language found in Sec. 215 (f) of the National Industrial Recovery Act, 48 Stat. 195, 207, 208. It arose out of an action at law brought by appellee against appellant to recover an alleged overpayment of income and excess profits taxes for the year 1933. Following the practice in Kentucky, appellant filed a general demurrer to the petition, which was overruled. Appellant declined to plead...

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