MORTGAGE GUARANTEE CO. v. ROGAN

No. 403-O'C Civil.

41 F.Supp. 932 (1941)

MORTGAGE GUARANTEE CO. v. ROGAN, Collector of Internal Revenue.

District Court, S. D. California, C. D.

November 27, 1941.


Attorney(s) appearing for the Case

C. S. Tinsman, of Fleming & Robbins, of Los Angeles, Cal., for plaintiff.

William Fleet Palmer, U. S. Atty., E. H. Mitchell, Asst. U. S. Atty., Armond M. Jewell, Asst. U. S. Atty., and Eugene Harpole, Sp. Atty., Bureau of Internal Revenue, all of Los Angeles, Cal., for defendant.


J. F. T. O'CONNOR, District Judge.

This is an action to recover $67,641.90 paid under protest to the defendant under the provisions of the Stamp Tax Act. The plaintiff is organized under Chapter VIII, Title II, Part IV of Division 1 of the Civil Code of the State of California, revised and amended in 1935 and set forth in sections 12420-12429 inclusive of the Insurance Code of the State of California, St.Cal. 1935, pp. 747 to 750. The plaintiff, pursuant to statutory...

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