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UNITED STATES v. FAIRBANKS

No. 8444.

95 F.2d 794 (1938)

UNITED STATES v. FAIRBANKS. FAIRBANKS v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

April 2, 1938.

Attorney(s) appearing for the Case

Arthur F. Driscoll and Dennis F. O'Brien, both of New York City, and Paul Vallee and John B. Milliken, both of Los Angeles, Cal., for Douglas Fairbanks.

James W. Morris, Asst. Atty. Gen., and Sewall Key, J. Louis Monarch, Joseph J. Jones, and E. F. McMahon, Sp. Assts. to Atty. Gen., and Peirson M. Hall, U. S. Atty., and E. H. Mitchell and Alva C. Baird, Asst. U. S. Attys., all of Los Angeles, Cal., for the United States.

Before GARRECHT, MATHEWS, and HANEY, Circuit Judges.

MATHEWS, Circuit Judge.

The United States (hereafter called plaintiff) brought this action against Douglas Fairbanks (hereafter called defendant) to recover amounts aggregating $72,186.94 claimed to have been erroneously refunded to defendant on account of alleged overpayments of income taxes for 1927, 1928, and 1929, with 6 per cent. interest from the date of refund, January 26, 1932. The case was tried by the court without a jury, trial by jury having been expressly...

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