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CLEVELAND v. DAVIS

No. 191.

9 F.Supp. 337 (1934)

CLEVELAND v. DAVIS, Collector of Internal Revenue, et al.

District Court, S. D. Alabama.

December 17, 1934.

Attorney(s) appearing for the Case

Jere Austill, of Mobile, Ala., for complainant.

Alex. C. Birch, U. S. Dist. Atty., of Mobile, Ala., for respondents.

ERVIN, District Judge.

This is a bill filed by Cleveland to enjoin the collection of an alleged tax of $1,000 under section 206, title 26 USCA, claimed by Davis of Cleveland because Cleveland is doing business as a retail liquor dealer in the state of Alabama, and under the laws of the state of Alabama the sale of liquor is prohibited in said state.

The bill alleges that Cleveland has already paid to said Harwell G. Davis, as collector of internal revenue...

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