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CONTINENTAL OIL CO. v. JONES

No. 1938.

113 F.2d 557 (1940)

CONTINENTAL OIL CO. v. JONES, Collector of Internal Revenue.

Circuit Court of Appeals, Tenth Circuit.

June 26, 1940.

Attorney(s) appearing for the Case

D. A. Richardson, of Oklahoma City, Okl. (A. L. Hull, of Ponca City, Okl., and Hayes, Richardson, Shartel & Gilliland, of Oklahoma City, Okl., on the brief), for appellant.

Milford S. Zimmerman, Sp. Asst. to Atty. Gen. (Charles E. Dierker, U. S. Atty., of Oklahoma City, Okl., Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and J. L. Monarch, Sp. Assts. to Atty. Gen., on the brief), for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

This is a suit at law instituted by Continental Oil Company, a corporation organized under the laws of Delaware, hereinafter called Continental, against the Collector of Internal Revenue for the District of Oklahoma, to recover excise taxes in the sum of $699,131.82, plus interest, exacted and paid under protest on (1) 33,693,179 gallons of gasoline and 5,185,633¼ gallons of lubricating oil transferred on June 20, 1932, to Continental...

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