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UNITED STATES v. GUTZLER

No. 9038.

105 F.2d 188 (1939)

UNITED STATES v. GUTZLER et al.

Circuit Court of Appeals, Ninth Circuit.

June 27, 1939.

Attorney(s) appearing for the Case

James W. Morris, Asst. Atty. Gen., Sewall Key, Joseph M. Jones, and Carlton Fox, Sp. Assts. to Atty. Gen., and Ben Harrison, U. S. Atty., E. H. Mitchell, Asst. U. S. Atty., and Eugene Harpole, Sp. Atty., Bureau of Internal Revenue, all of Los Angeles, Cal., for appellant.

Thomas R. Dempsey and A. Calder Mackay, both of Los Angeles, Cal., for appellees.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal by the United States from a judgment of the district court awarding a refund of excess profits tax paid by the Trumble Refining Company, a dissolved corporation, for the tax year 1917. The case was tried by the district court, the jury having been waived, and the appeal allowed before the new Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, were adopted. The facts...

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