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BRYAN v. UNION OIL CO. OF CALIFORNIA

No. 10931.

155 F.2d 625 (1946)

BRYAN v. UNION OIL CO. OF CALIFORNIA.

Circuit Court of Appeals, Ninth Circuit.

May 21, 1946.

Attorney(s) appearing for the Case

John F. Sonnett, Asst. Atty. Gen., Charles H. Carr, U. S. Atty., Ronald Walker and Wm. W. Worthington, Asst. U. S. Attys., all of Los Angeles, Cal., J. Frank Staley, Sp. Asst. to the Atty. Gen., and Leavenworth Colby, Atty., Dept. of Justice, of Washington, D. C., for appellant.

Walter I. Carpeneti, of Los Angeles, Cal., for appellee.

Before GARRECHT, DENMAN and ORR, Circuit Judges.

GARRECHT, Circuit Judge.

The appellee Oil Company sought to recover an alleged overpayment of tonnage taxes assessed upon the company's vessel, the S.S. Montebello, allegedly pursuant to 46 U.S.C.A. § 121.1 The facts are undisputed and were stipulated, viz.

The Oil Company is the owner and operator of the Montebello. On October 23, 1940, the vessel cleared Los Angeles, loaded with cargo for various ports in South America....

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