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NATIONAL INVESTORS CORPORATION v. HOEY

No. 384.

144 F.2d 466 (1944)

NATIONAL INVESTORS CORPORATION v. HOEY.

Circuit Court of Appeals, Second Circuit.

July 13, 1944.

Attorney(s) appearing for the Case

Samuel Rudykoff, of New York City, for appellant.

John A. Reed, of New York City, for appellee.

Before L. HAND, SWAN, and FRANK, Circuit Judges.

L. HAND, Circuit Judge.

The defendant appeals from a judgment against her for corporate income and excess profit taxes alleged to have been wrongfully collected by her testator from the plaintiff, for the year 1935. The case was tried to a judge on stipulated facts; the substance of which was as follows. The plaintiff, a New York corporation whose principal business was that of "an investment trust," in 1931 caused a corporation known as the National Investors Fund...

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