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HACKENDORF v. UNITED STATES

No. 5445.

243 F.2d 760 (1957)

C. Ed. HACKENDORF, d/b/a Sun Bearing Supply, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied May 28, 1957.

Attorney(s) appearing for the Case

R. F. Roberts, Beaumont, Tex. (S. J. Clendenning, Tulsa, Okl., on the brief), for appellant.

Earl E. Pollock, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Robert N. Anderson, Walter Akerman, Jr., Attys., Department of Justice, Washington, D. C., and B. Hayden Crawford, U. S. Atty., for Northern District of Oklahoma, Tulsa, Okl., prepared the brief), for appellee.

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

PICKETT, Circuit Judge.

The plaintiff was engaged in the business of reconditioning or rebuilding automobile motors for sale. He brought this action to recover a manufacturers' excise tax alleged to have been erroneously assessed and collected under the provisions of § 3403(c) of the Internal Revenue Code of 1939, as amended, 26 U.S.C.A. § 3403(c), and § 4061(b) of the Internal Revenue Code of 1954, 26 U.S.C.A. § 4061(b), during the period beginning...

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