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WILD v. BREWER

No. 18860.

329 F.2d 924 (1964)

Albert J. WILD, Appellant, v. Bennett Y. BREWER, Revenue Agent of the Internal Revenue Service, Appellee.

United States Court of Appeals Ninth Circuit.

June 2, 1964.

Attorney(s) appearing for the Case

Brown, Vlassis & Bain, Jack E. Brown, and Arthur P. Allsworth, Phoenix, Ariz., and McLane & McLane, and W. Lee McLane, Jr., Phoenix, Ariz., and Thaddeus Rojek, Washington, D. C., for appellant.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Joseph M. Howard, and Burton Berkley, Attys., Dept. of Justice, Washington, D. C., and Carl A. Muecke, U. S. Atty., and Richard C. Gormley, Asst. U. S. Atty., Phoenix, Ariz., for appellee.

Before MERRILL, Circuit Judge, MADDEN, Judge of the Court of Claims, and KOELSCH, Circuit Judge.

On Rehearing

MERRILL and KOELSCH, Circuit Judges:

Judgment affirmed on the authority of Grant v. United States (1912) 227 U.S. 74, 33 S.Ct. 190, 57 L.Ed. 423, and Wilson v. United States (1911) 221 U.S. 361, 31 S.Ct. 538, 55 L.Ed. 771.

MADDEN, Judge (dissenting):

I respectfully dissent from the decision of the court. In order to explain the reasons for my dissent, I state the...

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