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BECKER v. BEMIS

Nos. 11422, 11423.

104 F.2d 871 (1939)

BECKER, Collector of Internal Revenue, v. BEMIS. SAME v. SCHLAFLY.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied July 24, 1939.

Attorney(s) appearing for the Case

Harry Marselli, Sp. Asst. to the Atty. Gen. (James W. Morris, Asst. Atty. Gen., Sewall Key, Sp. Asst. to the Atty. Gen., Harry C. Blanton, U. S. Atty., of Sikeston, Mo., and Herbert H. Freer, Asst. U. S. Atty., of St. Louis, Mo., on the brief), for appellant.

H. M. Stolar, of St. Louis, Mo. (Lowenhaupt, Waite & Stolar, Henry C. Lowenhaupt, and William H. Charles, all of St. Louis, Mo., on the brief), for appellees.

Before SANBORN and THOMAS, Circuit Judges, and SULLIVAN, District Judge.

SANBORN, Circuit Judge.

These are two actions at law brought to recover alleged overpayments of income taxes made by William N. Bemis and August Schlafly (both now deceased) in the year 1928. The taxpayers filed claims for refunds, which were denied, and these actions were brought by the executors of their estates. The facts were agreed to and the cases were tried to the court. They were submitted and decided together. From judgments for the executors, the Collector...

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