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EARLE v. W. J. JONES & SON

No. 13148.

200 F.2d 846 (1952)

EARLE, Collector of Internal Revenue, v. W. J. JONES & SON, Inc. UNITED STATES v. W. J. JONES & SON, Inc.

United States Court of Appeals Ninth Circuit.

December 24, 1952.

Attorney(s) appearing for the Case

Charles S. Lyon, Asst. Atty. Gen., Ellis N. Slack, I. Henry Kutz and Joseph F. Goetten, Sp. Asst. to the Atty. Gen., Henry L. Hess, U. S. Atty., Donald W. McEwen, Asst. U. S. Atty., Portland, Or., for appellant.

Wilbur, Mautz, Souther & Spaulding, William H. Kinsey, of Portland, Or., for appellee.

Before HEALY, BONE and POPE, Circuit Judges.

BONE, Circuit Judge.

These appeals involve two suits brought by appellee, plaintiff below, for refund of income and excess profits taxes. Both actions presented identical questions of law and fact and were divided into two complaints solely for pleading and jurisdictional purposes. The first was brought against Hugh H. Earle, who at the time the action was commenced was Collector of Internal Revenue for the District of Oregon, for refund of income taxes collected...

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