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FIRST NAT. BEN. SOC. v. STUART

No. 10231.

134 F.2d 438 (1943)

FIRST NAT. BEN. SOC. v. STUART.

Circuit Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing April 12, 1943.

Attorney(s) appearing for the Case

Robert R. Weaver, of Phoenix, Ariz., for appellant.

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, Samuel H. Levy, Paul R. Russell, and Louise Foster, Sp. Assts. to Atty. Gen., and Frank E. Flynn, U. S. Atty., of Phoenix, Ariz., for appellee.

Before GARRECHT, HANEY and HEALY, Circuit Judges.

HANEY, Circuit Judge.

Appellant sought, but was denied, recovery of income taxes alleged to be illegally exacted from it for the years 1936 and 1937, and appeals from the judgment entered in favor of appellee.

Appellant was organized under the laws of Arizona on March 29, 1934. The Articles of Incorporation provide: "That the objects and purposes for which said Corporation is formed are: To engage in, conduct and carry on the business and customary activities...

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