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CENTRAL AGUIRRE SUGAR CO. v. DOMENECH

No. 3563.

115 F.2d 502 (1940)

CENTRAL AGUIRRE SUGAR CO. v. DOMENECH.

Circuit Court of Appeals, First Circuit.

November 20, 1940.

Attorney(s) appearing for the Case

Oscar B. Frazer, of New York City (Hartzell, Kelley & Hartzell, of San Juan, P. R., on the brief), for appellant.

William Cattron Rigby, of Washington, D. C. (George A. Malcolm, of San Juan, P. R., and Nathan R. Margold, of Washington, D. C., on the brief), for appellee.

Before MAGRUDER and MAHONEY, Circuit Judges, and FORD, District Judge.

PER CURIAM.

Appellant brought this action to recover internal revenue taxes, paid under protest, on certain Fowler gyrotillers, classified by the Treasurer as "tractors" within the meaning of Section 16, paragraph 8 of the Internal Revenue Law of Puerto Rico, as amended by Laws, P.R.(1931), pp. 504, 506-510. The Supreme Court of Puerto Rico reversed a judgment for the plaintiff rendered by the District Court of San Juan and directed that the complaint be dismissed...

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