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PAHOULIS v. UNITED STATES

No. 12066.

242 F.2d 345 (1957)

Gust PAHOULIS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant.

United States Court of Appeals Third Circuit.

Decided March 22, 1957.

Attorney(s) appearing for the Case

Edward P. Morgan, Washington, D. C. (George J. Barco, Barco & Barco, Meadville, Pa., Herbert E. Forrest, Washington, D. C., E. Stratford Smith, Welch, Mott & Morgan, Washington, D. C., on the brief), for plaintiff-appellant.

Louise Foster, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., D. Malcolm Anderson, Jr., U. S. Atty., Western District of Pennsylvania. Lee A. Jackson, Hilbert P. Zarky, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before McLAUGHLIN, STALEY and HASTIE, Circuit Judges.

McLAUGHLIN, Circuit Judge.

This appeal involves excise taxes assessed under Section 3465(a) (2) (B) of the Internal Revenue Code of 1939, 26 U.S.C. § 3465(a) (2) (B) upon amounts paid for use of a community television antenna by Gust Pahoulis. The government prevailed below. The opinion of the district court is reported at 143 F.Supp. 917.

The City of Meadville, Pennsylvania, is a relatively poor television reception...

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