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UNITED STATES v. ABERDEEN AERIE NO. 24

No. 10686.

148 F.2d 655 (1945)

UNITED STATES v. ABERDEEN AERIE NO. 24 OF FRATERNAL ORDER OF EAGLES. SAME v. BALLARD AERIE NO. 172 OF FRATERNAL ORDER OF EAGLES.

Circuit Court of Appeals, Ninth Circuit.

February 16, 1945.

Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, J. Louis Monarch, T. Carroll Sizer, and Helen Goodner, Sp. Assts. to Atty. Gen., J. Charles Dennis, U. S. Atty., and Thomas R. Winter, Sp. Rep. Gen. Coun., Bureau of Int. Rev., both of Seattle, Wash., and Harry Sager, Asst. U. S. Atty., of Tacoma, Wash., for appellant.

Cornelius C. Chavelle, of Seattle, Wash. (Chavelle & Chavelle, of Seattle, Wash., of counsel), for appellee.

Before GARRECHT, MATHEWS, and STEPHENS, Circuit Judges.

GARRECHT, Circuit Judge.

This is an action by two subordinate Aeries of the Fraternal Order of Eagles for the recovery of taxes assessed by the Government and paid by appellees under the Social Security Act, c. 531, 49 Stat. 620, 42 U.S.C.A. § 301 et seq., and Chapter 9 of the Internal Revenue Code, c. 531, 49 Stat. 636, 639, 26 U.S.C.A. Int.Rev.Code, § 1400 et seq., 1600 et seq.

The essential facts, relating to periods and amounts involved have...

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