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WOLINSKY v. UNITED STATES

No. 292, Docket 25447.

271 F.2d 865 (1959)

Arthur WOLINSKY, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided October 26, 1959.

Attorney(s) appearing for the Case

Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, I. Henry Kutz, S. Dee Hanson, Attys., Dept. of Justice, Washington, D. C.; Cornelius W. Wickersham, Jr., U. S. Atty., Eastern District of New York, Brooklyn, N. Y., Lawrence G. Nusbaum, Jr., Asst. U. S. Atty., Brooklyn, N. Y., for appellant.

I. Philip Sipser, New York City (Arthur Schutzer, New York City, of counsel), for appellee.

Before CLARK, Chief Judge, WATERMAN, Circuit Judge, and EDELSTEIN, District Judge.

WATERMAN, Circuit Judge.

This is an action to recover manufacturer's excise taxes alleged to have been erroneously paid. Taxpayer-appellee manufactures and installs custom made automobile seat covers. The disputed taxes were paid during the three years 1948 through 1950. Appellee contends that at the time these taxes were paid a portion of his business was not subject to taxation. The court below agreed with taxpayer's contentions and rendered judgment against the...

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