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INGRAM-RICHARDSON MFG. CO. v. DEPARTMENT OF TREASURY

Nos. 7198, 7199.

114 F.2d 889 (1940)

INGRAM-RICHARDSON MFG. CO. OF INDIANA, Inc., v. DEPARTMENT OF TREASURY OF STATE OF INDIANA et al. (two cases).

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied October 6, 1940.

Attorney(s) appearing for the Case

E. B. Barnes and C. M. Wells, both of Indianapolis, Ind., for Ingram-Richardson Mfg. Co. of Indiana, Inc.

Omer Stokes Jackson, Atty. Gen., and J. W. Hutchinson and J. P. McNamara, both of Indianapolis, Ind., for Department of Treasury of State of Indiana et al.

Before SPARKS and MAJOR, Circuit Judges, and LINDLEY, District Judge.

MAJOR, Circuit Judge.

This is an action to recover the amount of $7,177.61, taxes collected by the defendants from the plaintiff under the provisions of the Indiana Gross Income Tax Act, Chap. 117 of the Indiana Acts of 1937, pages 604-645. Of the foregoing, the recovery of $5410.20 was sought upon the theory that it represented an assessment of taxes measured by receipts derived from transactions in commerce between Indiana and other states to which plaintiff was...

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