UNITED STATES v. EDDY BROTHERS, INC.

No. 16626.

291 F.2d 529 (1961)

UNITED STATES of America, Appellant, v. EDDY BROTHERS, INC., Appellee.

United States Court of Appeals Eighth Circuit.

June 27, 1961.


Attorney(s) appearing for the Case

Arthur I. Gould, Attorney, Tax Division, Department of Justice, Washington, D. C., Louis F. Oberdorfer, Asst. Atty. Gen., and Lee A. Jackson and Robert N. Anderson, Attorneys, Department of Justice, Washington, D. C., and Edward L. Scheufler, U. S. Atty., Kansas City, Mo., on the brief, for appellant.

Harry A. Morris, Kansas City, Mo., for appellee.

Donald F. Pratt and Dwain M. Ewing, Minneapolis, Minn., amici curiæ in behalf of Minnesota Restaurant Ass'n and Minnesota Hotel & Motor Hotel Ass'n.

Before GARDNER, VOGEL and VAN OOSTERHOUT, Circuit Judges.


VAN OOSTERHOUT, Circuit Judge.

This is an action brought by plaintiff to recover excise tax in the form of cabaret tax assessed against and paid by plaintiff for the period from November 1, 1950, through December 31, 1954, aggregating $22,176.59. Timely claim for refund was filed and denied. Jurisdiction is established. The court entered judgment for plaintiff. (Memorandum opinion is reported at 184 F.Supp. 450.) This appeal followed...

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