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UNITED STATES v. RESEDA BOWL, INC.

No. 19291.

344 F.2d 455 (1965)

UNITED STATES of America, Appellant, v. RESEDA BOWL, INC., Appellee.

United States Court of Appeals Ninth Circuit.

April 20, 1965.

Attorney(s) appearing for the Case

John B. Jones, Jr., Acting Asst. Atty. Gen., Lee A. Jackson, C. Guy Taklock, Wm. A. Friedlander, Attys., Dept. of Justice, Washington, D. C., Thomas R. Sheridan, U. S. Atty., Loyal E. Keir, Asst. U. S. Atty., Chief, Tax Section, Charles H. Magnuson, Asst. U. S. Atty., Los Angeles, Cal., for appellant.

Ernest R. Mortenson, Clyde R. Maxwell, Pasadena, Cal., for appellee.

Before BARNES, JERTBERG and DUNIWAY, Circuit Judges.

JERTBERG, Circuit Judge:

Appellee, hereinafter taxpayer, recovered a judgment in the District Court against the United States of America, hereinafter appellant, in the amount of $2424.15, plus interest, resulting from the claimed overpayment of Federal Excise (cabaret) taxes in such amount for the period March 1, 1959 through March 31, 1961, inclusive.

From such judgment appellant has appealed, and specifies that the District Court erred:

1. In ruling...

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