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DUQUESNE CLUB v. BELL

Nos. 7877, 7878.

127 F.2d 363 (1942)

DUQUESNE CLUB v. BELL. SAME v. DRISCOLL.

Circuit Court of Appeals, Third Circuit.

Decided April 13, 1942.

Attorney(s) appearing for the Case

Donald J. Marran, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch, Sp. Asst. to Atty. Gen., Charles F. Uhl, U. S. Atty., and Elliott W. Finkel, Asst. U. S. Atty., both of Pittsburgh, Pa., on the brief), for appellants.

Paul Armitage, of New York City (Robert L. Kirkpatrick, of Pittsburgh, Pa., Edward Holloway, of New York City, and George B. Furman, of Washington, D. C., on the brief), for appellee.

Before MARIS, JONES, and GOODRICH, Circuit Judges.

GOODRICH, Circuit Judge.

The plaintiff, Duquesne Club, seeks to recover tax paid in the sums of $5,340.65 and $58,725.89. The two actions were consolidated and tried together. The total represents amounts collected from its members and paid to the Collector of Internal Revenue as taxes on club dues for the years from September 1, 1935 to July 1, 1938. The club made a claim for refund which was duly filed and rejected. It then brought suit in the Western District of...

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