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STUART v. KLECK

No. 10008.

129 F.2d 400 (1942)

STUART, Collector of Internal Revenue, v. KLECK.

Circuit Court of Appeals, Ninth Circuit.

July 6, 1942.

Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., J. Louis Monarch, Arthur J. Jacobs, and Michael Gould, Sp. Assts. to the Atty. Gen., and Frank E. Flynn, U. S. Atty., and C. A. Edwards, Asst. U. S. Atty., both of Phoenix, Ariz., for appellant.

Thomas W. Glenn, of Phoenix, Ariz., for appellee.

Earl Warren, Atty. Gen., of California, and John J. Dailey, Deputy Atty. Gen. (Maurice P. McCaffrey and Leonard M. Friedman, both of Sacramento, Cal., of counsel), amicus curiae for California Employment Commission.

Before GARRECHT, MATHEWS, and STEPHENS, Circuit Judges.

GARRECHT, Circuit Judge.

W. P. Stuart, as United States Collector of Internal Revenue for the District of Arizona, appellant here, claiming authority under the Social Security Act, exacted from Jack S. Kleck, appellee, taxes for 1936, 1937, and 1938, which were paid under protest. Thereafter this suit was brought in the United States District Court for the District of Arizona to recover the payments. Judgment was entered for appellee, and appellant appeals.

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