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LAKE OF THE FOREST CLUB v. UNITED STATES

Nos. 2695, 2696.

137 F.2d 843 (1943)

LAKE OF THE FOREST CLUB v. UNITED STATES (two cases).

Circuit Court of Appeals, Tenth Circuit.

August 27, 1943.

Attorney(s) appearing for the Case

Alfred B. Page, of Kansas City, Mo. (Perry W. Shrader, of Kansas City, Mo., Frank L. Bates, of Kansas City, Kan., and Gage, Hillix, Shrader, Hodges & Cowherd, of Kansas City, Mo., on the brief), for appellant.

S. Dee Hanson, of Washington, D. C. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Samuel H. Levy, Sp. Assts. to Atty. Gen., on the brief), for appellee.

Before PHILLIPS, HUXMAN, and WILLIAMS, Circuit Judges.

HUXMAN, Circuit Judge.

These actions were brought by the Lake of the Forest Club, a corporation, under power of attorney from its members, to recover for them club dues collected under the provisions of Section 413 of the Revenue Act of 1928, 45 Stat. 791, 26 U.S.C.A. Int. Rev.Acts, page 441. The club has appealed from an adverse decision. The dues for which recovery was sought were collected over a number of years, and were...

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