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DIXIE MARGARINE CO. v. SHAEFER

No. 9454.

139 F.2d 221 (1943)

DIXIE MARGARINE CO. v. SHAEFER.

Circuit Court of Appeals, Sixth Circuit.

December 1, 1943.

Attorney(s) appearing for the Case

George N. Murdock, of Glencoe, Ill., and W. Frank Harper, of Memphis, Tenn., for appellant.

James P. Garland, of Washington, D. C. (Samuel O. Clark, Jr., Sewall Key, Helen R. Carloss, and James P. Garland, all of Washington, D. C., and William McClanahan and R. G. Draper, both of Memphis, Tenn., on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

HICKS, Circuit Judge.

The parties will be styled as they appeared before the District Court.

On September 16, 1942, the plaintiff, The Dixie Margarine Company, filed its complaint in equity against defendant Shaefer, alleging that he was a Deputy Collector of Internal Revenue from January 1, 1923, to December 1, 1925, and that as such he was an agent and representative and under the orders and instructions of the Commissioner of Internal Revenue. The plaintiff...

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