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BANK OF LEIPSIC COMPANY v. UNITED STATES

No. 14293.

288 F.2d 467 (1961)

BANK OF LEIPSIC COMPANY, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

April 5, 1961.

Attorney(s) appearing for the Case

Gilbert E. Andrews, Jr., Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, I. Henry Kutz, Attys., Dept. of Justice, Washington, D. C., and Russell E. Ake, U. S. Atty., Cleveland, Ohio, on the brief), for appellant.

Roger H. Smith, Toledo, Ohio (Eastman, Stichter & Smith, LeRoy E. Eastman, Warren E. Buckey, Toledo, Ohio, on the brief), for appellee.

Before McALLISTER and WEICK, Circuit Judges, and THORNTON, District Judge.

WEICK, Circuit Judge.

The action below was brought by the bank to recover income taxes paid for the year 1955 in the amount of $9,459.61 plus statutory interest. The District Court granted the bank's motion for summary judgment without opinion and entered judgment against the Government for the amount claimed. This appeal followed.

The question involved was whether the bank was exempt from the payment of income taxes...

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