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UNITED STATES v. ROGERS

No. 9489.

122 F.2d 485 (1941)

UNITED STATES v. ROGERS et al. (two cases).

Circuit Court of Appeals, Ninth Circuit.

July 28, 1941.

Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, J. Louis Monarch, Julian G. Gibbs, and Carleton Fox, Sp. Assts. to Atty. Gen., Ben Harrison, U. S. Atty., Edward H. Mitchell and Armond Monroe Jewell, Asst. U. S. Attys., all of Los Angeles, Cal., for appellant, U.S.A.

Claude I. Parker, Bayley Kohlmeier, and Stuart T. Baron, all of Los Angeles, Cal., for appellant Rogers.

Before WILBUR, GARRECHT, and HANEY, Circuit Judges.

WILBUR, Circuit Judge.

The opinion of this court, and the dissenting opinion, in this cause, were filed May 1, 1941. 9 Cir., 120 F.2d 244. On petition of the United States rehearing was granted limited to the question of the right of taxpayer to a credit because of the payment of a foreign tax in 1930. Upon further consideration of the question, we are satisfied with the reasoning and conclusion expressed in the dissenting opinion...

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