BELDEN MFG. CO. v. JARECKI

No. 10398.

192 F.2d 211 (1951)

BELDEN MFG. CO. v. JARECKI.

United States Court of Appeals Seventh Circuit.

November 5, 1951.


Attorney(s) appearing for the Case

Otto Kerner, Jr., U. S. Atty., Chicago, Ill., Theron L. Caudle, Asst. Atty. Gen., Morton K. Rothschild, Ellis N. Slack, Virginia H. Adams, Sp. Assts. to the Atty. Gen., John A. Looby, Jr., Asst. U. S. Atty., Chicago, Ill., for appellant.

Harry B. Sutter, William G. Blood, Ralph E. Davis, Chicago, Ill., Hopkins, Sutter, Halls, DeWolfe & Owen, Chicago, Ill., of counsel, for appellee.

Before MAJOR, Chief Judge, and FINNEGAN and SWAIM, Circuit Judges.


MAJOR, Chief Judge.

Plaintiff, an Illinois corporation, on November 17, 1948, borrowed $1,000,000 from The First National Bank of Chicago (hereinafter referred to as the Bank) and as evidence thereof issued its promissory note, payable to the Bank. Plaintiff, under protest, paid a stamp tax assessed by the defendant, Collector of Internal Revenue, in the amount of $1,100. A claim for refund on the ground that the tax had been illegally and erroneously collected was...

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