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AVIATION CAPITAL v. PEDRICK

No. 185.

148 F.2d 165 (1945)

AVIATION CAPITAL, Inc., v. PEDRICK.

Circuit Court of Appeals, Second Circuit.

March 13, 1945.

Attorney(s) appearing for the Case

Webster & Garside, of New York City (Francis H. Horan, Frederick Sheffield, and Henry Cassorte Smith, all of New York City, of counsel), for plaintiff-appellant.

John F. X. McGohey, U. S. Atty., of New York City (Samuel Rudykoff, Asst. U. S. Atty., of New York City, of counsel), for defendant-appellee.

Before CHASE, HUTCHESON, and FRANK, Circuit Judges.

CHASE, Circuit Judge.

The plaintiff has appealed from a judgment for the defendant entered in the District Court for the Southern District of New York in a suit it brought against the Collector of Internal Revenue for the Second District of New York to recover income taxes it had paid the collector for the calendar years 1937, 1938 and 1939 and which it claimed had been illegally assessed and collected. The suit was tried without a jury and the court found, on amply...

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