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STATE OF CALIFORNIA v. ANGLIM

No. 9853.

129 F.2d 455 (1942)

STATE OF CALIFORNIA v. ANGLIM, Collector of Internal Revenue.

Circuit Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing June 8, 1942.

Attorney(s) appearing for the Case

Earl Warren, Atty. Gen. of California, H. H. Linney, Lucas E. Kilkenny, and Adrian A. Kragen, Deputy Atty. Gen. of California, all of San Francisco, Cal., for appellant.

Samuel O. Clark, Jr., Asst. Atty. Gen., J. Louis Monarch, Alvin J. Rockwell, and Benjamin N. Brodsky, Sp. Assts. to Atty. Gen., all of Washington, D. C., and Frank J. Hennessy, U. S. Atty., and Esther B. Phillips, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal from a judgment of the district court denying appellant, the State of California, a refund of employer excise taxes in the amount of $1,865.32 and similar employee taxes in the amount of $1,865.65, paid by it to appellee, Collector of Internal Revenue, under the Carriers' Taxing Act of 1937, c. 405, 50 Stats. 435, 45 U.S.C.A. §§ 261-273. The taxes were paid by the State Board of Harbor Commissioners which operated...

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