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BRYAN v. UNITED STATES

No. 1710.

99 F.2d 549 (1938)

BRYAN et al. v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

October 19, 1938.

Attorney(s) appearing for the Case

G. C. Spillers, of Tulsa, Okl. (Chas. L. Yancey and John S. Carlson, both of Tulsa, Okl., on the brief), for appellants.

Frederic G. Rita, Sp. Asst. to Atty. Gen. (James W. Morris, Asst. Atty. Gen., Sewall Key, Sp. Asst. to Atty. Gen., and Whit Y. Mauzy, U. S. Atty., and Chester A. Brewer, Asst. U. S. Atty., both of Tulsa, Okl., on the brief), for the United States.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

PHILLIPS, Circuit Judge.

Bryan, Bostick, and Sisk,1 as trustees of the Imperial Royalties Company, a common law trust, brought this suit against the United States to recover $299,990.32, alleged overpayments of income taxes for the years 1923 to 1929, both inclusive.

The amended bill of complaint contains seven counts. Each asserts a claim for overpayment of tax for one of such years. They differ only as to the amounts of taxes...

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