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BROOKS v. DRISCOLL

No. 7087.

114 F.2d 426 (1940)

BROOKS v. DRISCOLL.

Circuit Court of Appeals, Third Circuit.

August 19, 1940.

Attorney(s) appearing for the Case

Brooks, Curtze & Silin, of Erie, Pa. (Isaac J. Silin and Roger M. Brown, both of Erie, Pa., of counsel), for plaintiff-appellant.

George Mashank, Acting U. S. Atty., and Elliott W. Finkel, Asst. U. S. Atty., both of Pittsburgh, Pa., Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and John J. Pringle, Jr., Sp. Assts. to Atty. Gen., for appellee.

Before BIGGS, MARIS, and JONES, Circuit Judges.

JONES, Circuit Judge.

The appellant plaintiff complains of the judgment entered against him by the court below, a jury trial having been waived, in his suit against a Collector of Internal Revenue for the recovery of taxes. The plaintiff alleges that the taxes were illegally assessed and collected, (1) because he had no notice of and was unrepresented at the hearing on his appeal to the Board of Tax Appeals from the Commissioner...

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