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EDGEWOOD AMERICAN LEGION POST NO. 448 v. UNITED STATES

No. 11917.

246 F.2d 1 (1957)

EDGEWOOD AMERICAN LEGION POST NO. 448, Inc., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied September 9, 1957.

Attorney(s) appearing for the Case

John J. Rochford, Indianapolis, Ind., Paul E. Blackwell, Paul T. Rochford, Indianapolis, Ind., Rochford, Blackwell & Rochford, Indianapolis, Ind., of counsel, for appellant.

Charles K. Rice, Asst. Atty. Gen., Helen A. Buckley, Attorney, U. S. Dept. of Justice, Washington, D. C., Jack C. Brown, U. S. Atty., Indianapolis, Ind., Lee A. Jackson, Attorney, Dept. of Justice, Washington, D. C., Stephen Leonard, Asst. U. S. Atty., Indianapolis, Ind., for appellee.

Before DUFFY, Chief Judge, and MAJOR and SWAIM, Circuit Judges.

MAJOR, Circuit Judge.

Plaintiff is an American Legion Post located in Indianapolis, Indiana, operating under a charter granted by the National Headquarters of the American Legion. It is a not-for-profit corporation organized under the laws of Indiana. Plaintiff commenced the instant action to recover a refund of wagering taxes in the amount of $12,499.37, paid in 1952, together with interest from the date of payment, pursuant to an assessment by the Commissioner of...

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