Opinion
No. 4642.
June 24, 1932.
Appeal from the District Court of the United States for the Eastern District of Pennsylvania.
Edward H. Horton, Sp. Atty., Bureau of Internal Revenue, of Washington, D.C., Edward W. Wells, U.S. Atty., and Paul Freeman, Asst. U.S. Atty., both of Philadelphia, Pa. (C.M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D.C., of counsel), for appellant.
Robert T. McCracken and Edward M. Biddle, both of Philadelphia, Pa., for appellee.
Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.
Upon the authority of the opinion of the Supreme Court (No. 548, October Term, 1931) 52 S. Ct. 538, 76 L. Ed. ___, delivered in this case and in the companion case of Insurance Company of State of Pennsylvania, Appellant, v. Joseph S. MacLaughlin, Collector of Internal Revenue for the First District of Pennsylvania, Appellee (No. 547, October Term, 1931) 52 S. Ct. 538, 76 L. Ed. ___, on questions certified to the Supreme Court, the judgment against Joseph S. MacLaughlin, Collector, Appellant [ 49 F.2d 361], is reversed, with direction that judgment be entered for defendant.