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SAMSON TIRE & RUBBER CORPORATION v. ROGAN

No. 10201.

140 F.2d 457 (1943)

SAMSON TIRE & RUBBER CORPORATION v. ROGAN, Collector of Internal Revenue.

Circuit Court of Appeals, Ninth Circuit.

August 30, 1943.

Attorney(s) appearing for the Case

E. S. Williams, of Los Angeles, Cal., for appellant.

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Homer R. Miller, Sp. Assts. to Atty. Gen. for appellee.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.

PER CURIAM.

The motion of appellant to recall the mandate and re-tax costs against the collector, is well founded. Cf. United States v. Nunnally Invest. Co., 316 U.S. 258, 62 S.Ct. 1064, 86 L.Ed. 1455, 140 A.L.R. 792; Huntley v. So. Oregon Sales, 9 Cir., 104 F.2d 153; United States v. Morrisdale Coal Co., D.C.E.D.Pa., 46 F.Supp. 356; Brauch v. Birmingham, D.C.N...

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