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WOODARD v. CAMPBELL

No. 11680.

235 F.2d 268 (1956)

Carl L. WOODARD, Plaintiff-Appellant, v. Gary CAMPBELL, Director of Internal Revenue, Defendant-Appellee. United States of America, Intervenor-Appellee.

United States Court of Appeals Seventh Circuit.

June 29, 1956.

Attorney(s) appearing for the Case

Herbert L. Myers, Indianapolis, Ind., C. Richard Fulmer, Indianapolis, Ind., Fulmer & Myers, Indianapolis, Ind., of counsel, for plaintiff-appellant.

Charles K. Rice, Asst. Atty. Gen., S. Dee Hanson, Atty., U. S. Dept. of Justice, Washington, D. C., Jack C. Brown, U. S. Atty., Indianapolis, Ind., Lee A. Jackson, Hilbert P. Zarky, Dept. of Justice, Washington, D. C., for appellee.

Before DUFFY, Chief Judge, and FINNEGAN and SCHNACKENBERG, Circuit Judges.

FINNEGAN, Circuit Judge.

Behind this appeal lies plaintiff Woodard's action for refund of $100 wagering excise tax, 65 Stat. 452, 26 U.S.C. § 3285, Supp. V, allegedly erroneously assessed against him for the period December 1, 1951 to July 31, 1952. This refund claim represents only a partial payment of $72,387.95 assessed August 29, 1952, against Woodard "and/or Celtic American Legion Post No. 372, Inc., as joint venturers...

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