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SCHRAM v. UNITED STATES

No. 8362.

118 F.2d 541 (1941)

SCHRAM v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

Rehearing Denied April 15, 1941.

Attorney(s) appearing for the Case

Robert S. Marx, of Cincinnati, Ohio (Robert S. Marx, of Cincinnati, Ohio, Carl Runge, Lawrence I. Levi, and Frank M. Wiseman, all of Detroit, Mich., and Nichols, Wood, Marx & Ginter, of Cincinnati, Ohio, on the brief), for appellant.

Carlton Fox, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Carlton Fox, Sp. Assts. to Atty. Gen., John C. Lehr and J. Thomas Smith, both of Detroit, Mich., on the brief), for appellee.

Before HICKS, SIMONS and HAMILTON, Circuit Judges.

HICKS, Circuit Judge.

Suit by Schram, receiver of First National Bank-Detroit, for alleged overpayment of income taxes by Peoples Wayne County Bank in the sum of $88,940.20 for the taxable period from February 16 to December 31, 1928, and $11,538.38 for the taxable year 1929.

The case was tried without a jury upon undisputed and stipulated facts and resulted in a judgment for the defendant. Hence this appeal.

On February 15, 1928, the Peoples State...

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