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KAVANAGH v. FIRST NAT. BANK OF WYANDOTTE

No. 9460.

139 F.2d 309 (1943)

KAVANAGH v. FIRST NAT. BANK OF WYANDOTTE.

Circuit Court of Appeals, Sixth Circuit.

December 8, 1943.

Attorney(s) appearing for the Case

Ray A. Brown, of Washington, D. C. (Samuel O. Clark, Jr., Sewall Key, Samuel H. Levy, and Ray A. Brown, all of Washington, D. C., and John C. Lehr and Arnold W. Lungerhausen, both of Detroit, Mich., on the brief), for appellant.

Francis W. McCauley, of Detroit, Mich., for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

ALLEN, Circuit Judge.

This appeal attacks a judgment of the District Court allowing recovery of $600 paid on account of a deficiency income tax for the year 1934, assessed by the Commissioner in 1940. The facts are stipulated, and so far as material may be summarized as follows:

On March 5, 1933, the appellee bank was closed by the Comptroller of the Currency because of insolvency, and a receiver was subsequently appointed. On June 24, 1935, the receiver filed...

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