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UNITED STATES v. WALKER

No. 15926.

234 F.2d 910 (1956)

UNITED STATES of America, Appellant, v. William Douglas WALKER and John C. Pace, Trading and Doing Business as Walker and Pace, Appellees.

United States Court of Appeals Fifth Circuit.

June 15, 1956.

Attorney(s) appearing for the Case

George F. Lynch, Atty., Dept. of Justice, Washington, D. C., Harrold Carswell, U. S. Atty., Tallahassee, Fla., Hayford O. Enwall, Asst. U. S. Atty., Gainesville, Fla., Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott, Karl Schmeidler, Attys., Dept. of Justice, Washington, D. C., for appellant.

David W. Palmer, Walter G. Cornett, Earl R. Duncan, William B. Leath, Panama City, Fla., for appellees.

Before TUTTLE, CAMERON and JONES, Circuit Judges.

PER CURIAM.

The judgment of the trial court, sitting without a jury, granting a recovery to appellees for a refund of transportation taxes, illegally collected from them as proprietors of fishing boats for hire, is affirmed. The legality of this tax as applied to operators of fishing boats for hire was tested in Smith v. United States, D.C., 110 F.Supp. 892. In that case the court below found that the tax had been illegally asserted...

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