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NICHOLAS v. DAVIS

No. 4567.

204 F.2d 200 (1953)

NICHOLAS v. DAVIS.

United States Court of Appeals Tenth Circuit.

April 27, 1953.

Attorney(s) appearing for the Case

Carlton Fox, Atty., Dept. of Justice, Washington, D. C. (Charles S. Vigil, U. S. Atty., Denver, Colo., Clifford C. Chittim, Asst. U. S. Atty., Boulder, Colo., Charles S. Lyon, Acting Asst. Atty. Gen., and Ellis N. Slack, A. F. Prescott, and William L. Norton, Jr., Sp. Assts. to Atty. Gen., on the brief), for appellant.

George T. Evans, Denver, Colo. (Emory L. O'Connell, Denver, Colo., on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and PICKETT, Circuit Judges.

PHILLIPS, Chief Judge.

John R. Davis brought this action against Nicholas, Collector, on a claim for refund of income taxes for the year 1946. By direction of the trial court a verdict was returned in favor of John R. Davis. Judgment was entered thereon and Nicholas has appealed.

In 1921, John R. Davis and his two brothers, Rees T. Davis, Jr., and Leslie E. Davis, entered into the wholesale florist business at Wheatridge...

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