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WARNER BROS. PICTURES v. WESTOVER

No. 5751.

70 F.Supp. 111 (1947)

WARNER BROS. PICTURES, Inc., v. WESTOVER et al.

District Court, S. D. California, Central Division.

February 11, 1947.

Attorney(s) appearing for the Case

Freston & Files, H. R. Kelly and Bion B. Vogel, all of Los Angeles, Cal., for the plaintiff.

James M. Carter, U. S. Atty., E. H. Mitchell and George M. Bryant, Asst. U. S. Attys., and Eugene Harpole, Sp. Atty. Bureau of Internal Revenue, all of Los Angeles, Cal., for defendant.

YANKWICH, District Judge.

The plaintiff seeks to recover the sum of $7550.16, being tax, interest and penalty collected from it on September 26, 1945, under the Revenue Act of 1941, Section 3406 of the Internal Revenue Code, 26 U.S.C.A. Int.Rev.Code, § 3406(a) (4), and covering the period between October 1, 1941, and July 31, 1945. Timely claims for refund have been denied.

The plaintiff is engaged in the production of motion pictures. The Collector levied...

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