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FRITZ v. JARECKI

No. 10307.

189 F.2d 445 (1951)

FRITZ v. JARECKI.

United States Court of Appeals, Seventh Circuit.

June 6, 1951.

Attorney(s) appearing for the Case

Otto Kerner, Jr., U. S. Atty., Chicago, Ill., Theron L. Caudle, Asst. Atty. Gen., Ellis N. Slack and Melva M. Graney, Assts. to Atty. Gen., Robert N. Anderson, Herbert S. Fessenden, Sp. Assts. to Atty. Gen., John A. Looby, Jr., Asst. U. S. Atty., Chicago, Ill., for appellant.

Joseph E. Green, Arthur D. Welton, Geo. B. Christensen and Paul T. Kessler, Jr., Chicago, Ill., Winston, Strawn, Shaw & Black, Chicago, Ill., of counsel, for appellee.

Before FINNEGAN, LINDLEY and SWAIM, Circuit Judges.

FINNEGAN, Circuit Judge.

Suit was brought by the appellees, Arthur and Anna E. Fritz to recover penalties assessed against them by the Collector of Internal Revenue for the first Illinois District because of their failure to collect admission taxes under sec. 1700(a) of the Internal Revenue Code, 26 U.S.C.A. § 1700 (a), for the period extending from April 1948 up to and through November 1948.

The case was tried in the District Court without a jury. The...

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