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
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