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GAMBRINUS BREWERY CO. v. ANDERSON

No. 352.

282 U.S. 638 (1931)

51 S.Ct. 260

75 L.Ed. 588

V. LOEWERS GAMBRINUS BREWERY COMPANY v. ANDERSON, INDIVIDUALLY AND AS COLLECTOR OF INTERNAL REVENUE.

Supreme Court of United States.

Decided February 24, 1931.

Attorney(s) appearing for the Case

Mr. Arthur B. Hyman, with whom Mr. Karl D. Loos was on the brief, for petitioner.

Mr. Claude R. Branch, Special Assistant to the Attorney General, with whom Solicitor General Thacher, Assistant Attorney General Youngquist and Messrs. Sewall Key, J. Louis Monarch and John MacC. Hudson, Special Assistants to the Attorney General, Paul D. Miller, and Clarence M. Charest, General Counsel, Bureau of Internal Revenue, were on the brief, for respondent.

Messrs. Frank S. Bright and H. Stanley Hinrichs, by special leave of Court, filed a brief as amici curiae.

MR. JUSTICE BUTLER delivered the opinion of the Court.

Petitioner sued respondent in the District Court for the Southern District of New York and obtained judgment for $22,091.01 on account of income and profits taxes for 1918 and 1919 erroneously exacted. The Circuit Court of Appeals reversed; and, as the right of petitioner to recover $4,128.85 was not contested, ordered that it have judgment for that amount. 42 F.2d 216. This court...

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