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MALONEY v. PORTLAND ASSOCIATES

No. 9197.

109 F.2d 124 (1940)

MALONEY, Collector of Internal Revenue, v. PORTLAND ASSOCIATES, Inc.

Circuit Court of Appeals, Ninth Circuit.

January 22, 1940.

Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, Norman D. Keller, S. Dee Hanson, and Ugo Carusi, Sp. Assts. to Atty. Gen., and Carl C. Donaugh, U. S. Atty., and Manley B. Strayer, Asst. U. S. Atty., both of Portland, Or. (Thomas R. Winter, Sp. Asst. to U. S. Atty., of Seattle, Wash., of counsel), for appellant.

Clarence D. Phillips, of Portland, Or. (Griffith, Peck & Coke, of Portland, Or., of counsel), for appellee.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.

HANEY, Circuit Judge.

Appellant suffered a judgment rendered against him for an alleged illegal exaction from appellee for stamp taxes and appeals.

Appellee was organized as an Oregon corporation on April 6, 1931, with an authorized capital of $350,000 consisting of 350,000 shares of stock having a par value of $1 each. On May 1, 1931, each of four persons subscribed for one share of stock. In addition, one C. R. Griffith subscribed for all the remaining stock...

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