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WELCH v. BRADLEY

No. 3772.

130 F.2d 109 (1942)

WELCH, Former Collector of Internal Revenue, v. BRADLEY et al.

Circuit Court of Appeals, First Circuit.

July 24, 1942.

Attorney(s) appearing for the Case

Samuel H. Levy and Frederic G. Rita, Sp. Assts. to the Atty. Gen., Edmund J. Brandon, U. S. Atty., and George F. Garrity, Asst. U. S. Atty., both of Boston, Mass., Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Sp. Asst. to the Atty. Gen., for appellant.

Claude R. Branch and John Dane, Jr., both of Boston Mass., for appellees.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

MAGRUDER, Circuit Judge.

Judgment for the plaintiff was entered in the court below in each of two actions for the recovery of income taxes alleged to have been erroneously collected for the years 1932-1935, inclusive. In one, the plaintiffs were John L. Hall and Helen Sears Bradley, as executors under the will of Sarah C. Sears. In the other, Helen Sears Bradley was plaintiff in her own right. The cases were consolidated for trial, and the two appeals by the defendant...

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