F. R. B OF BOSTON v. COMMISSIONER OF C. & T. OF MASS.

No. 74-1385.

520 F.2d 221 (1975)

FEDERAL RESERVE BANK OF BOSTON, Plaintiff-Appellee, v. COMMISSIONER OF CORPORATIONS AND TAXATION OF the COMMONWEALTH OF MASSACHUSETTS, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided June 30, 1975.


Attorney(s) appearing for the Case

Terence P. O'Malley, Asst. Atty. Gen., with whom Robert H. Quinn, Atty. Gen., and Walter H. Mayo, III, Asst. Atty. Gen., were on brief, for defendant-appellant.

Daniel B. Bickford, Boston, Mass., with whom Richard J. McCarthy and Gaston Snow & Ely Bartlett, Boston, Mass., were on brief, for plaintiff-appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.


LEVIN W. CAMPBELL, Circuit Judge.

In Federal Reserve Bank v. Comm'r of Corporations and Taxation, 499 F.2d 60 (1st Cir. 1974), rev'g 368 F.Supp. 94 (D.Mass.1973), we held that appellee Bank was entitled to have the extent of its immunity from Massachusetts sales and use taxes, Mass.Gen.Laws chs. 64H-641, determined by a federal court. The taxes were sought to be imposed with respect...

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