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KEASBEY & MATTISON CO. v. ROTHENSIES

No. 7985.

133 F.2d 894 (1943)

KEASBEY & MATTISON CO. v. ROTHENSIES, Collector of Internal Revenue.

Circuit Court of Appeals, Third Circuit.

Decided February 17, 1943.

Rehearing Denied March 17, 1943.

Attorney(s) appearing for the Case

Kenneth W. Gemmill, of Philadelphia, Pa. (Carroll R. Wetzel and Barnes, Dechert, Price and Smith, all of Philadelphia, Pa., on the brief), for appellant.

William B. Waldo, of Washington, D. C. (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key and Gerald L. Wallace, Sp. Assts. to Atty. Gen., and Gerald A. Gleeson, U. S. Atty., and T. J. Curtin, Asst. U. S. Atty., both of Philadelphia, Pa., on the brief), for appellee.

Before MARIS and JONES, Circuit Judges, and SMITH, District Judge.

SMITH, District Judge.

This was a suit against the Collector of Internal Revenue for the recovery of income and excess-profits taxes alleged to have been unlawfully collected under the Revenue Act of 1936. The court below entered judgment in favor of the defendant and against the plaintiff. The case is here on an appeal from the said judgment. The sole question presented for determination is whether a tax paid to the Province of Quebec, under the facts hereinafter...

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