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ALLEN v. ATLANTA METALLIC CASKET CO.

No. 13823.

197 F.2d 460 (1952)

ALLEN v. ATLANTA METALLIC CASKET CO.

United States Court of Appeals Fifth Circuit.

June 12, 1952.

Attorney(s) appearing for the Case

Melva M. Graney, Ellis N. Slack, Sp. Assts. to Atty. Gen., Theron Lamar Caudle, Asst. Atty. Gen., John P. Cowart, U. S. Atty., Macon, Ga., for appellant.

Harry S. Baxter, Atlanta, Ga., for appellee.

Before HUTCHESON, Chief Judge, and RUSSELL and STRUM, Circuit Judges.

HUTCHESON, Chief Judge.

Brought to recover the amount of stamp tax exacted of it as due under Section 1801,1 I.R.C. and T.R. 71, Sec. 113.55,2 with respect to an instrument denominated "Note secured by Real Estate", the suit resulted in a judgment for the taxpayer.

The collector has appealed, presenting for decision the single question whether the district...

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