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FARNSWORTH & CHAMBERS COMPANY v. PHINNEY

No. 18252.

279 F.2d 538 (1960)

FARNSWORTH & CHAMBERS COMPANY, Inc., Appellant, v. Robert L. PHINNEY, District Director of Internal Revenue, Austin, Texas, Appellee.

United States Court of Appeals Fifth Circuit.

June 15, 1960.

Attorney(s) appearing for the Case

Charles W. Hall, C. W. Wellen, William M. Ryan, Houston, Tex. (Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., on the brief), for appellant.

Richard B. Buhrman, Lee A. Jackson, Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., William B. Butler, U. S. Atty., Myron M. Sheinfeld, Asst. U. S. Atty., Houston, Tex. (I. Henry Kutz, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before HUTCHESON, BROWN and WISDOM, Circuit Judges.

HUTCHESON, Circuit Judge.

Appellant, plaintiff below, alleging that large amounts in the total sum of $2,770,966.75 had been wrongfully collected from it as taxes, brought this suit against Robert L. Phinney, District Director of Internal Revenue, at Austin, Texas, to recover said sums as income taxes overpaid. There was attached to the petition a letter from the director to attorneys for the taxpayer in which it was stated...

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