CARTER v. FARMERS UNDERWRITERS ASS'N

No. 9222.

115 F.2d 302 (1940)

CARTER v. FARMERS UNDERWRITERS ASS'N.

Circuit Court of Appeals, Ninth Circuit.

October 28, 1940.


Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. U. S. Atty. Gen., Sewall Key, John A. Gage, and George H. Zietzius, Sp. Assts. to Atty. Gen., and Wm. Fleet Palmer, U. S. Atty., and E. H. Mitchell, Asst. U. S. Atty., both of Los Angeles, Cal., for appellant.

Joseph D. Brady and Arch R. Tuthill, both of Los Angeles, Cal., for appellee.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges


STEPHENS, Circuit Judge.

Suit to recover capital stock taxes paid by taxpayer for the fiscal year ending June 30, 1933, under Section 215 (a) of the National Industrial Recovery Act, 48 Stat. 207. It is conceded that the taxes were in fact overpaid by $480, but appellant contends that action to recover the overpayment was barred by Section 3226 of the Revised Statutes, as amended, Revenue Act 1932, § 1103, 26 U.S.C.A. Int.Rev.Acts, page 652. This is the sole...

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