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AMERICAN KENNEL CLUB v. HOEY

No. 275.

148 F.2d 920 (1945)

AMERICAN KENNEL CLUB, Inc., v. HOEY.

Circuit Court of Appeals, Second Circuit.

April 17, 1945.

Attorney(s) appearing for the Case

White & Case and Arnold J. Brock, all of New York City (Walter S. Orr, Francis L. Casey, and Arnold J. Brock, all of New York City, of counsel), for plaintiff-appellant.

John F. X. McGohey, U. S. Atty., of New York City (Laurence H. Axman, of New York City, of counsel), for defendant-appellee.

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

FRANK, Circuit Judge.

1. The fact that an organization derives income from services not "scientific" does not preclude exemption. Cf Bohemian Gymnastic Ass'n v. Higgins, 2 Cir., 147 F.2d 774; Oklahoma State Fair and Exposition v. Jones, D.C., 44 F.Supp. 630. But the exemption granted by the statute is only for those organizations whose "purposes" are "exclusively * * * scientific."

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