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HUNTLEY v. SOUTHERN OREGON SALES

No. 8501.

104 F.2d 153 (1939)

HUNTLEY, Collector of Internal Revenue, v. SOUTHERN OREGON SALES, Inc.

Circuit Court of Appeals, Ninth Circuit.

May 24, 1939.

Attorney(s) appearing for the Case

James W. Morris, Asst. Atty. Gen., Sewall Key, Norman D. Keller, S. Dee Hanson, Arnold Raum, and Harry Marselli, Sp. Assts. to Atty. Gen., and Carl C. Donaugh, U. S. Atty., and J. Mason Dillard, Asst. U. S. Atty., both of Portland, Or., for appellant.

A. E. Reames, of Medford, Or., for appellee.

Before GARRECHT, MATHEWS, and HANEY, Circuit Judges.

HANEY, Circuit Judge.

The mandate issued after affirmance of the judgment (9 Cir., 102 F.2d 538), herein recited an affirmance of the judgment, but was silent as to any interest on the judgment below as is usual in such cases, since Rule 26 of this court automatically provides for interest on the "judgment below until the same is paid, at the same rate that similar judgments bear interest...

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