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WEST LAUREL HILL CEMETERY CO. v. ROTHENSIES

Nos. 8111-8113.

139 F.2d 50 (1943)

WEST LAUREL HILL CEMETERY CO. v. ROTHENSIES, Collector of Internal Revenue.

Circuit Court of Appeals, Third Circuit.

Decided November 19, 1943.

Writs of Certiorari Denied March 6, 1944.

Attorney(s) appearing for the Case

Paul Reilly, of Philadelphia, Pa., for appellant.

Fred J. Neuland, of Washington, D. C. (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key and Helen R. Carloss, Sp. Assts. to Atty. Gen., and Gerald A. Gleeson, U. S. Atty., and Thomas J. Curtin, Asst. U. S. Atty., both of Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, MARIS, and JONES, Circuit Judges.

Writs of Certiorari Denied March 6, 1944. See 64 S.Ct. 636.

JONES, Circuit Judge.

The question here involved is whether the plaintiff taxpayer is entitled to claim exemption, as a cemetery company, from liability for capital stock taxes for the years 1933, 1934 and 1935. The taxpayer, after disallowance of its claims for refund, filed three separate suits in the District Court against the collector to recover the disputed...

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