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BURTON v. BOWERS

No. 5825.

172 F.2d 429 (1949)

BURTON et al. v. BOWERS.

United States Court of Appeals Fourth Circuit.

February 4, 1949.

Attorney(s) appearing for the Case

Albert Simons, Jr., Charles W. Waring and Huger Sinkler, all of Charleston, S. C., for appellants.

Harry Baum, Sp. Asst. to Atty. Gen. (Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, A. F. Prescott and Benjamin H. Pester, Sp. Asst. to Atty. Gen. and Ben Scott Whaley, U. S. Atty., and Louis M. Shimel, Asst. U. S. Atty., both of Charleston, S. C., on the brief), for appellee.

Before PARKER, Chief Judge, DOBIE, Circuit Judge, and HENDERSON, District Judge.

HENDERSON, District Judge.

This action was brought by the plaintiffs as Trustees in Liquidation of the E. P. Burton Lumber Co., against the Collector of Internal Revenue for the State of South Carolina, seeking to obtain a refund of the amount of certain tax deficiencies paid under protest. From an adverse judgment they bring this appeal.

The E. P. Burton Lumber Co. was incorporated under the laws of South Carolina in 1904. Its charter was amended in 1913...

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