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OKEMAH NATIONAL BANK v. WISEMAN

No. 5644.

253 F.2d 223 (1958)

OKEMAH NATIONAL BANK, a corporation, Appellant, v. Earl R. WISEMAN, District Director Internal Revenue, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 11, 1958.

Attorney(s) appearing for the Case

Ram Morrison, Oklahoma City, Okl., for appellant.

C. M. Featherston, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Harry Baum, Charles B. E. Freeman, Attorneys, Department of Justice, Washington, D. C., Paul W. Cress, U. S. Atty., and Leonard L. Ralston, Asst. U. S. Atty., Oklahoma City, Okl., on the brief), for appellee.

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

BRATTON, Chief Judge.

Okemah National Bank, of Okemah, Oklahoma, instituted this action against the Director of Internal Revenue for the District of Oklahoma. The case was tried to a jury. At the conclusion of the evidence, the court withdrew the case from the jury and later entered judgment dismissing the action. The bank appealed.

These facts were established at the trial, some by stipulation and some by evidence. In 1925, A. J. Martin was president and...

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