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DRISCOLL v. WASHINGTON COUNTY FIRE INS. CO.

No. 7221.

110 F.2d 485 (1940)

DRISCOLL, Collector of Internal Revenue, v. WASHINGTON COUNTY FIRE INS. CO., WASHINGTON, PA.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied April 2, 1940.

Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Carl J. Marold, Sp. Assts. to Atty. Gen., for appellant.

Wm. G. Heiner, of Pittsburgh, Pa., for appellee.

Before BIGGS, CLARK, and JONES, Circuit Judges.

BIGGS, Circuit Judge.

Upon December 8, 1873, the appellee, Washington County Fire Insurance Company, was incorporated pursuant to the provisions of Act No. 236,1 p. 211, Laws of Pennsylvania, Session of 1856, in conjunction with the provisions of Act No. 27, p. 44, Laws of Pennsylvania, Session of 1867. The charter of the company (Section 2), issued by the Court of Common Pleas of Washington County, provided, "The business of the said...

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