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DETROIT TRUST CO. v. WOODWORTH

No. 8101.

110 F.2d 829 (1940)

DETROIT TRUST CO. v. WOODWORTH, Collector of Internal Revenue.

Circuit Court of Appeals, Sixth Circuit.

March 14, 1940.

Attorney(s) appearing for the Case

Charles F. Delbridge and Francis W. McCauley, both of Detroit, Mich., for appellant.

Maurice J. Mahoney, Sp.Asst. to Atty. Gen. (Sewall Key and George H. Zeutzius, Sp. Assts. to Atty. Gen., and John C. Lehr and J. Thomas Smith, both of Detroit, Mich., on the brief), for appellee.

Before ALLEN, HAMILTON, and ARANT, Circuit Judges.

ALLEN, Circuit Judge.

This action was instituted on August 2, 1929, by appellant as executor, for refund of amounts alleged to have been illegally assessed and paid under protest on behalf of appellant's decedent as additional income taxes and interest for the year 1917. The District Court dismissed the action.

The case arises out of the following facts:

On December 1, 1922, the Commissioner of Internal Revenue...

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