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DISTRICT OF COLUMBIA v. AMERICAN SECURITY & TRUST CO.

Nos. 11263, 11264.

202 F.2d 21 (1953)

DISTRICT OF COLUMBIA v. AMERICAN SECURITY & TRUST CO. DISTRICT OF COLUMBIA v. WASHINGTON LOAN & TRUST CO.

United States Court of Appeals District of Columbia Circuit.

Decided January 22, 1953.

Petition for Rehearing Denied March 20, 1953.

Attorney(s) appearing for the Case

Harry L. Walker, Asst. Corp. Counsel for District of Columbia, Washington, D. C., with whom Vernon E. West, Corp. Counsel, Chester H. Gray, Principal Asst. Corp. Counsel, and George C. Updegraff, Asst. Corp. Counsel, Washington, D. C., were on the brief, for appellant.

G. Bowdoin Craighill, Washington, D. C., with whom Llewellyn C. Thomas, Washington, D. C., was on the brief, for appellee American Security & Trust Co.

Frederick M. Bradley, Washington, D. C., with whom James Bruce Kellison, 801 Colorado Bldg., Washington, D. C. was on the brief, for appellee Washington Loan & Trust Co.

Before EDGERTON, WILBUR K. MILLER, and BAZELON, Circuit Judges.

Petition for Rehearing in Banc Denied March 20, 1953.

EDGERTON, Circuit Judge.

These appeals are from separate judgments allowing appellee Trust Companies to recover overpayments of taxes. In each case taxes had been assessed, demanded, and paid at the rate of 6% of gross earnings, without deduction of interest paid on savings deposits. Appellant does not now dispute that the rate should have been 4% of gross earnings after deduction of interest paid on savings...

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