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FOUNDERS INCORPORATED v. KELM

Civ. No. 2288.

140 F.Supp. 700 (1956)

FOUNDERS Incorporated, a corporation, Plaintiff, v. E. F. KELM, Individually and as Collector of Internal Revenue for the District of Minnesota, Defendant.

United States District Court D. Minnesota, Third Division.

April 9, 1956.

Attorney(s) appearing for the Case

W. P. Berghuis, Minneapolis, Minn., for plaintiff.

George E. MacKinnon, U. S. Atty., Alex Dim, Asst. U. S. Atty., St. Paul, Minn., H. Brian Holland, Asst. Atty. Gen., and Andrew D. Sharpe and David W. Richter, Sp. Assts. to Atty. Gen., for defendant.

BELL, District Judge.

This is a tax recovery suit in which plaintiff seeks to recover $4,964.41 documentary stamp taxes, paid under protest upon the three instruments here involved.

Under date of September 1, 1945, Founders Incorporated (whose former corporate name was Gamble Stores Incorporated) entered into a loan agreement with Continental Illinois National Bank and Trust Company of Chicago, providing for the extension of certain notes then outstanding...

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