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UNITED STATES v. WESTERN SHORE LUMBER CO.

No. 10243.

136 F.2d 628 (1943)

UNITED STATES v. WESTERN SHORE LUMBER CO.

Circuit Court of Appeals, Ninth Circuit.

May 25, 1943.

Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, A. F. Prescott, Paul S. McMahon, and Lester L. Gibson, Sp. Assts. to the Atty. Gen., and Frank J. Hennessy, U. S. Atty., and Esther B. Phillips, Asst., U. S. Atty., both of San Francisco, Cal., for appellant.

A. Crawford Greene, Henry D. Costigan, and Scott Elder, all of San Francisco, Cal. (McCutchen, Olney, Mannon & Greene, of San Francisco, Cal., of counsel), for appellee.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.

GARRECHT, Circuit Judge.

The United States appeals from an adverse judgment entered in the court below adjudging the appellee entitled to recover, as refunds, moneys collected from it under the capital stock tax act for the fiscal years ending June 30, 1933, 1934, 1935, and 1936. The complaint filed in the court below alleged that the action was one to recover taxes in the nature of capital stock taxes for the years above enumerated, allegedly illegally and erroneously...

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