Albert L. VITTER, Jr. and Oliver J. Counce, Appellants,
v.
UNITED STATES of America, Appellee.
United States Court of Appeals Fifth Circuit.https://leagle.com/images/logo.png
June 20, 1960.
Rehearing Denied August 5, 1960.
Attorney(s) appearing for the Case
George R. Blue, A. J. Schmitt, Jr., Beard, Blue & Schmitt, New Orleans, La., for appellants.
Lloyd J. Keno, Lee A. Jackson, Dept. of Justice, Washington, D. C., M. Hepburn Many, U. S. Atty., Prim B. Smith, Jr., Asst. U. S. Atty., New Orleans, La., Charles K. Rice, Asst. Atty. Gen., Robert N. Anderson, Atty., Dept. of Justice, Washington, D. C., Nicholas J. Gagliano, Asst. U. S. Atty., Metairie, La., for appellee.
Before RIVES, Chief Judge, and CAMERON and BROWN, Circuit Judges.
United States Court of Appeals Fifth Circuit.
JOHN R. BROWN, Circuit Judge.
The problem dealt with here is liability for the excise tax1 on payment of initiation fees as a condition precedent to becoming a member of the New Orleans Country Club. There are no disputed issues of fact, and summary judgment, all agree, was a proper method of disposition of the Taxpayers'2 refund suit. The controversy is confined to whether the District Court's decision against...
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