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CODMAN v. UNITED STATES

No. 7290.

30 F.Supp. 736 (1939)

CODMAN et al. v. UNITED STATES.

District Court, D. Massachusetts.

December 27, 1939.

Attorney(s) appearing for the Case

Francis G. Goodale, Faneuie Adams, and Hill, Barlow, Goodale & Wiswall, all of Boston, Mass., for plaintiff.

Edmund J. Brandon, U. S. Atty., and C. Keefe Hurley, Asst. U. S. Atty., both of Boston, Mass., for defendant.

FORD, District Judge.

This is a suit for the recovery of capital stock taxes collected from the plaintiffs for the years ending June 30, 1936 and 1937. Exemption from the same is claimed on the ground that the plaintiffs were not doing business, within the meaning of the applicable statutes.

The facts are as follows:

1. The plaintiffs are trustees of the National Dock Trust, hereinafter called the "Trust", which was created by an indenture dated November...

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