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DU PONT v. DEPUTY

No. 6816.

103 F.2d 257 (1939)

DU PONT v. DEPUTY et al.

Circuit Court of Appeals, Third Circuit.

March 28, 1939.

Attorney(s) appearing for the Case

Aaron Finger, of Wilmington, Del., James S. Y. Ivins, of Washington, D. C., and George Wharton Pepper, of Philadelphia, Pa. (Richards, Layton & Finger, of Wilmington, Del., Ivins, Phillips, Graves & Barker, of Washington, D. C., and Pepper, Bodine, Stokes & Schoch, of Philadelphia, Pa., of counsel), for appellant.

James W. Morris, Asst. Atty. Gen., Sewall Key, Norman D. Keller, and Lester L. Gibson, Sp. Assts. to Atty. Gen., and John J. Morris, Jr., U. S. Atty., of Wilmington, Del., for appellees.

Before DAVIS, MARIS, and BUFFINGTON, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below Pierre S. Du Pont brought suit against the Collector of Internal Revenue to recover taxes alleged to be illegally collected from him. Jury was waived and the case tried by the judge. By stipulation it was agreed plaintiff was entitled to a judgment of $54,439.52 on one of the issues involved and to a judgment of $172,351.64 with interest (which would include the $54,439.52) if...

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