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TURKS HEAD CLUB v. BRODERICK

No. 4290.

166 F.2d 877 (1948)

TURKS HEAD CLUB v. BRODERICK.

Circuit Court of Appeals, First Circuit.

March 15, 1948.

Attorney(s) appearing for the Case

Edward W. Day, of Providence, R. I. (Percy M. Gardner and Gardner, Day & Sawyer, all of Providence, R. I., on the brief), for appellant.

Abbott M. Sellers, Sp. Asst. to Atty. Gen. (Theron L. Caudle, Asst. Atty. Gen., Helen R. Carloss, George A. Stinson, and A. Barr Comstock, Sp. Assts. to Atty. Gen., and George F. Troy, U. S. Atty., and Edward M. McEntee, Asst. U. S. Atty., both of Providence, R. I., on the brief), for appellee.

Before MAGRUDER and WOODBURY, Circuit Judges, and HEALEY, District Judge.

MAGRUDER, Circuit Judge.

This is an appeal by the Turks Head Club from a judgment for the defendant entered by the United States District Court for the District of Rhode Island in a suit for refund of taxes paid by appellant's members on their dues, membership fees and initiation fees for the months of May, June, July and August, 1944, in the total amount of $3,161.09. The taxes were enacted under the provisions of § 1710 of the Internal Revenue Code, which,...

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