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WESTERN & SOUTHERN LIFE INS. CO. v. HUWE

No. 8464.

116 F.2d 1008 (1941)

WESTERN & SOUTHERN LIFE INS. CO. v. HUWE, Collector of Int. Rev.

Circuit Court of Appeals, Sixth Circuit.

January 17, 1941.

Attorney(s) appearing for the Case

Joseph O'Meara, Jr., of Cincinnati, Ohio (Clyde P. Johnson and Joseph O'Meara, Jr., both of Cincinnati, Ohio on the brief), for appellant.

Edward H. Horton, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key and Edward H. Horton, Sp. Assts. to Atty. Gen., Calvin Crawford, of Dayton, Ohio, and Frederic W. Johnson, of Cincinnati, Ohio, on the brief), for appellee.

Before HICKS, ALLEN, and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

Appellant, the Western and Southern Life Insurance Company, appeals from a judgment dismissing its petition in an action against the appellee, Louis J. Huwe, Collector of Internal Revenue for the First District of Ohio. The facts out of which the controversy arises are substantially as follows:

Appellant is a legal reserve stock life insurance company organized under the laws of the State...

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