UNION TRUST CO. OF INDIANAPOLIS v. UNITED STATES

No. 9665.

173 F.2d 54 (1949)

UNION TRUST CO. OF INDIANAPOLIS v. UNITED STATES.

United States Court of Appeals Seventh Circuit.

March 2, 1949.


Attorney(s) appearing for the Case

Theron L. Caudle, Asst. Atty. Gen., Hilbert P. Zarky, Atty., U. S. Dept. of Justice, of Washington, D. C., and B. Howard Caughran, U. S. Atty., of Indianapolis, Ind., Ellis N. Slack, A. F. Prescott and Robert M. Weston, Sp. Asst. to Atty. Gen., for appellant.

Lucien L. Dunbar, Merlin M. Dunbar and Foreman D. McCurdy, all of Indianapolis, Ind., for appellee.

Before KERNER and MINTON, Circuit Judges, and LINDLEY, District Judge.


KERNER, Circuit Judge.

Plaintiff filed a petition in the District Court praying for a judgment of $3,730.14 which it claimed was due it as a refund from the federal income taxes it paid for the year 1939. After making findings of fact with its legal conclusions thereon, the court entered judgment for plaintiff, and defendant has appealed.

The plaintiff-taxpayer is a bank located in Indianapolis, Indiana. As part of its functions during the period in question...

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