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UNITED STATES v. LAMBETH

No. 12026.

176 F.2d 810 (1949)

UNITED STATES v. LAMBETH.

United States Court of Appeals Ninth Circuit.

August 19, 1949.

Attorney(s) appearing for the Case

Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, Robert N. Anderson, Fred J. Neuland and James P. Garland, Sp. Assts. to Atty. Gen., Henry L. Hess, U.S. Atty., and Floyd D. Hamilton, Asst. U. S. Atty., Portland, Ore., for appellant

Arthur S. Vosburg and William H. Hedlund, Portland, Ore., for appellee.

Before HEALEY, BONE and POPE, Circuit Judges.

BONE, Circuit Judge.

This action was brought for a refund of taxes assessed under 26 U.S.C.A. § 1700 which provides for a cabaret tax on amounts collected for admissions, refreshments, service and merchandise by establishments furnishing a public performance for profit.1 The tax was assessed against appellee as an individual upon receipts obtained as manager of the so-called "Cozy Club" for...

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