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WILMETTE PARK DIST. v. CAMPBELL

No. 43 C 318.

76 F.Supp. 924 (1947)

WILMETTE PARK DIST. v. CAMPBELL, Collector of Internal Revenue.

District Court, N. D. Illinois, E. D.

Findings of Fact and Conclusions of Law September 29, 1947.

Attorney(s) appearing for the Case

Henry J. Brandt and Poppenhusen, Johnston, Thompson & Raymond, all of Chicago, Ill., for plaintiff.

Otto Kerner, Jr., and J. Albert Woll, U. S. Attys., and John M. Kiely, Asst. U. S. Atty., all of Chicago, Ill., and Arthur L. Jacobs, Sp. Asst. to Atty. Gen., for defendant.

CAMPBELL, District Judge.

In this suit to recover certain sums paid under protest, the plaintiff relies on three propositions: (1) That its operation of a bathing beach on park land is a governmental, not a proprietary function, and hence that the federal admissions tax may not be levied against persons paying the charge assessed by the plaintiff for the use of the beach; (2) that the plaintiff's officials may not be required to assist in the collection of federal...

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