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ASSOCIATED MUTUALS v. DELANEY

No. 4406.

176 F.2d 179 (1949)

ASSOCIATED MUTUALS, Inc. v. DELANEY.

United States Court of Appeals First Circuit.

July 14, 1949.

Attorney(s) appearing for the Case

John Dane, Jr., Boston, Mass., for appellant.

I. Henry Kutz, Sp. Asst. to Atty. Gen., Washington, D. C., (Theron L. Caudle, Asst. Atty. Gen., and Ellis N. Slack, A. F. Prescott and Frederic G. Rita, Sp. Assts. to Atty. Gen., and George F. Garrity, U. S. Atty., and W. Arthur Garrity, Jr., Asst. U. S. Atty., both of Boston, Mass., on the brief), for appellee.

Before MAGRUDER, Chief Judge, WOODBURY, Circuit Judge, and HARTIGAN, District Judge.

MAGRUDER, Chief Judge.

Associated Mutuals, Inc., a Massachusetts corporation, has taken this appeal from a judgment dismissing its amended complaint against a collector of internal revenue. The relief sought was an injunction against the prosecution of any proceeding for the collection of certain taxes.

In 1944 Frank R. Huemmer, an internal revenue agent, audited the taxpayer's 1941 and 1942 income tax returns and its refund claims for 1936, 1937 and 1942...

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