DURR DRUG CO. v. UNITED STATES

No. 8852.

99 F.2d 757 (1938)

DURR DRUG CO. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 9, 1938.


Attorney(s) appearing for the Case

A. H. Arrington, of Montgomery, Ala., for appellant.

Wm. J. Samford and Sewall Key, Sp. Assts. to Atty. Gen., Jas. W. Morris, Asst. Atty. Gen., and Thos. D. Samford, U. S. Atty., of Montgomery, Ala., for the United States.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

Appellant brought its action in the district court to recover income taxes paid for the year 1933, its claim for refund having been duly filed and subsequently denied. The judgment appealed from denied recovery of all or any part of the claim.

In 1930, appellant prevailed upon one Wylie, who was indebted to it for a sum in excess of $15,000, to insure his life for said amount, making appellant the named beneficiary, with the understanding...

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