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HARVEY CO. v. MALLEY

No. 537.

288 U.S. 415 (1933)

53 S.Ct. 426

77 L.Ed. 866

ARTHUR C. HARVEY CO. v. MALLEY ET AL., FORMER COLLECTORS.

Supreme Court of United States.

Decided March 13, 1933.

Attorney(s) appearing for the Case

Mr. O. Walker Taylor for petitioner.

Mr. Paul D. Miller, with whom Solicitor General Thacher, Assistant Attorney General Youngquist, and Messrs. Sewall Key, Francis H. Horan, and Henry C. Clark were on the brief, for respondents.

Mr. Daniel Austin Shirk, by leave of Court, filed a brief as amicus curiae.

MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

Petitioner sued respondents in the United States District Court for Massachusetts to recover alleged overpayment of taxes. After waiver of trial by jury, the judge heard the cause upon the pleadings and evidence and gave judgment for the respondents. The reasons therefor were stated in an opinion dealing generally with the issues of law and fact. The Circuit Court of Appeals affirmed this judgment and undertook...

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