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BERMAN'S JEWELRY STORE v. UNITED STATES

No. 6412.

198 F.2d 675 (1952)

BERMAN'S JEWELRY STORE, Inc. v. UNITED STATES.

United States Court of Appeals Fourth Circuit.

Decided September 9, 1952.

Attorney(s) appearing for the Case

W. M. Drennen, Charleston, W. Va. (C. W. Moxley and Jackson, Kelly, Morrison & Moxley, Charleston, W. Va., on brief), for appellant.

I. Henry Kutz, Special Asst. to the Atty. Gen. (Ellis N. Slack, Acting Asst. Atty. Gen. A. F. Prescott and Paul O'Donoghue, Special Assts. to the Atty. Gen. and A. Garnett Thompson, U. S. Atty., Charleston, W. Va., on brief), for appellee.

Before SOPER and DOBIE, Circuit Judges, and PAUL, District Judge.

PAUL, District Judge.

The appellant, Berman's Jewelry Store, Inc., of Beckley, West Virginia, brought its action in the district court for the recovery of Federal Retailers' Excise Taxes which it alleged had been illegally collected from it for the years 1945 and 1946, and from an adverse decision in that court it has appealed.

The appellant is one of nine stores located in different cities and towns in the State of West Virginia, each a separate corporation...

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