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TOLEDO EDISON CO. v. McMAKEN

No. 7744.

103 F.2d 72 (1939)

TOLEDO EDISON CO. v. McMAKEN, Collector of Internal Revenue (UNITED STATES, Intervener).

Circuit Court of Appeals, Sixth Circuit.

April 5, 1939.

Attorney(s) appearing for the Case

George D. Welles, of Toledo, Ohio (Welles, Kelsey & Cobourn, George D. Welles, and Harry S. Bugbee, all of Toledo, Ohio, on the brief), for appellant.

Wm. B. Waldo, of Washington, D. C. (James W. Morris, Sewall Key, Norman D. Keller, and Wm. B. Waldo, all of Washington, D. C., Emerich B. Freed, of Cleveland, Ohio, and Gerald P. Openlander, of Toledo, Ohio, on the brief), for intervener.

Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.

SIMONS, Circuit Judge.

The appeal involves an alleged overpayment of corporation excise taxes for 1909 and 1910 and consolidated suits for recovery begun over twenty-six years ago against McMaken, the then Collector of Internal Revenue at Toledo, Ohio. The petitions were filed October 16, 1912. McMaken is long since dead, his first administratrix is superseded by another, the two District Judges who participated in the proceedings are likewise deceased, the plaintiff...

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