BINDER v. WELCH

Nos. 9139-9141.

107 F.2d 812 (1939)

BINDER et al. v. WELCH, Former Collector of Internal Revenue. McLACHLEN v. SAME. JOHNSON v. SAME.

Circuit Court of Appeals, Ninth Circuit.

November 27, 1939.


Attorney(s) appearing for the Case

Claude I. Parker, Bayley Kohlmeier, J. Everett Blum, and Harriet A. Geary, all of Los Angeles, Cal., for appellants.

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, F. E. Youngman, and David A. Armstrong, Sp. Assts. to Atty. Gen., and Ben Harrison, U. S. Atty., and E. H. Mitchell, Asst. U. S. Atty., both of Los Angeles, Cal., for appellee.

Before WILBUR, DENMAN, and STEPHENS, Circuit Judges.


STEPHENS, Circuit Judge.

Three actions were begun in the District Court to recover alleged overpayment on 1927 income taxes. An identical issue of law was presented by these three actions, hence they were consolidated for trial, and a separate judgment was entered in each case for the defendant and against the plaintiffs for costs. Plaintiffs appeal and present their cases through consolidated briefs and oral arguments.

The plaintiffs in each separate case...

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