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BEATTIE INV. CO. v. UNITED STATES

No. 11263.

101 F.2d 850 (1939)

BEATTIE INV. CO. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

March 9, 1939.

Attorney(s) appearing for the Case

Chas. Claflin Allen, Jr., of St. Louis, Mo., for appellant.

Paul S. McMahon, Sp. Asst. to the Atty. Gen. (James W. Morris, Asst. Atty. Gen., Norman D. Keller, Sp. Asst. to the Atty. Gen., Harry C. Blanton, U. S. Atty., of Sikeston, Mo., and Marshall Craig, Asst. U. S. Atty., of St. Louis, Mo., on the brief), for the United States.

Before SANBORN, WOODROUGH, and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

This is an appeal by the taxpayer from a judgment denying recovery of $500 and interest claimed to have been erroneously assessed and paid as capital stock taxes for the taxable year ended June 30, 1935. The opinion of the district court is reported in 23 F.Supp. 191. A jury was waived and the case submitted to the court upon a stipulation of facts. Both parties filed motions for judgment. The motion of...

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