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Court of Appeals for the Seventh Circuit

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Clements v. Conyers, 4092 (1928)

31 F.2d 563 (1928) CLEMENTS v. CONYERS. [*] No. 4092. Circuit Court of Appeals, Seventh Circuit. November 28, 1928. *564 Walter T. Gunn and Harold F. Lindley, both of Danville, Ill.; for appellant. Wm. C. Welborn and Isidor Kahn, both of Evansville, Ind., and Charles O. Baltzell, of Princeton, Ind., for appellee. Before EVANS, PAGE, and ANDERSON, Circuit Judges. EVAN A. EVANS, Circuit Judge. Appellee has moved this court to dismiss the appeal for want of jurisdiction. The motion is based on...

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Scott v. Commissioner of Internal Revenue, 4083 (1928)

29 F.2d 472 (1928) SCOTT v. COMMISSIONER OF INTERNAL REVENUE. No. 4083. Circuit Court of Appeals, Seventh Circuit. December 13, 1928. Thomas L. Marshall, of Chicago, Ill., for petitioner. Mabel Walker Willebrandt, Asst. Atty. Gen., Sewall Key and Randolph C. Shaw, Sp. Asst. Attys. Gen. (C. M. Charest, of Washington, D. C., and L. W. Scott, of St. Paul, Minn., of counsel), for respondent. Before ALSCHULER, EVAN A. EVANS, and PAGE, Circuit Judges. ALSCHULER, Circuit Judge. Petitioner's father,...

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Buttolph v. Commissioner of Internal Revenue, 4028 (1928)

29 F.2d 695 (1928) BUTTOLPH v. COMMISSIONER OF INTERNAL REVENUE. No. 4028. Circuit Court of Appeals, Seventh Circuit. November 28, 1928. Frank H. T. Potter, of Chicago, Ill., for petitioner. Morton P. Fisher, of Baltimore, Md., for respondent. Before ALSCHULER, EVAN A. EVANS, and PAGE, Circuit Judges. ALSCHULER, Circuit Judge. In March, 1923, petitioner filed a joint federal income tax return for himself and his wife for the taxable year 1922, and paid the tax as returned. *696 About a year...

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Lewy v. United States, 4027 (1928)

29 F.2d 462 (1928) LEWY v. UNITED STATES. No. 4027. Circuit Court of Appeals, Seventh Circuit. November 30, 1928. Rehearing Denied December 31, 1928. *463 Benson Landon, of Chicago, Ill., for appellant. Edward J. Hess, of Chicago, Ill., for the United States. Before EVAN A. EVANS, PAGE, and ANDERSON, Circuit Judges. PAGE, Circuit Judge. Appellant defendant was convicted on four counts of an indictment charging the use of the mails to defraud by sending false property statements of Lewy Bros....

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Greengard v. Commissioner of Internal Revenue, 4026 (1928)

29 F.2d 502 (1928) GREENGARD v. COMMISSIONER OF INTERNAL REVENUE. No. 4026. Circuit Court, of Appeals, Seventh Circuit. November 30, 1928. *503 Leo S. Le Bosky, of Chicago, Ill., for petitioner. Morton P. Fisher, of Baltimore, Md., for respondent. Before ALSCHULER, EVANS, and PAGE, Circuit Judges. EVAN A. EVANS, Circuit Judge. Petitioner, through this appeal, seeks relief from an adjudication of the Commissioner of Internal Revenue, affirmed by the Board of Tax Appeals, increasing his income...

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In Re Glick, 4017 (1928)

26 F.2d 398 (1928) In re GLICK. GLICK et al. v. FIRST NAT. BANK OF COLUMBUS, IND. No. 4017. Circuit Court of Appeals, Seventh Circuit. May 28, 1928. Rehearing Denied June 29, 1928. Geo. W. Long, of Columbus, Ind., for appellants. Wm. D. Bain, of Indianapolis, Ind., for appellee. Before ALSCHULER and ANDERSON, Circuit Judges. ANDERSON, Circuit Judge. Appellee filed its petition to have appellant Joseph C. Glick adjudged a bankrupt, alleging that *399 he was neither a wage-earner nor a person...

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Atchison, T. & SF Ry. Co. v. Brotherhood of LF and E., 4009 (1928)

26 F.2d 413 (1928) ATCHISON, T. & S. F. RY. CO. et al. v. BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN. No. 4009. Circuit Court of Appeals, Seventh Circuit. May 24, 1928. Kenneth F. Burgess, of Chicago, Ill., for appellants. Donald R. Richberg, of Chicago, Ill., for appellee. *414 Before EVANS and PAGE, Circuit Judges, and GEIGER, District Judge. EVAN A. EVANS, Circuit Judge. This appeal is from an order of the District Court denying appellants' petition to impeach an award made and filed by...

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In Re Chakos, 3998 (1928)

24 F.2d 482 (1928) In re CHAKOS. CROCKER et al. v. CHAKOS et al. No. 3998. Circuit Court of Appeals, Seventh Circuit. March 6, 1928. *483 W. H. Frawley, of Eau Claire, Wis., for appellants. Arthur W. MacLeod, of Eau Claire, Wis., for appellees. Before ALSCHULER and PAGE, Circuit Judges, and LINDLEY, District Judge. LINDLEY, District Judge. The appellants appeal from an order of the District Court, wherein the latter affirmed an order of the referee in all particulars, except as to the...

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Schwimmer v. United States, 3997 (1928)

27 F.2d 742 (1928) SCHWIMMER v. UNITED STATES. No. 3997. Circuit Court of Appeals, Seventh Circuit. June 29, 1928. Olive H. Rabe, of Chicago, Ill., for appellant. Fred J. Schlotfeldt, of Chicago, Ill., for the United States. Before ALSCHULER and ANDERSON, Circuit Judges, and BALTZELL, District Judge. ANDERSON, Circuit Judge. This is an appeal from a decree denying a petition for admission to citizenship. Appellant is a woman *743 50 years of age. The case is here upon an agreed statement of...

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Cline Electric Mfg. Co. v. Kohler, 3993 (1928)

27 F.2d 638 (1928) CLINE ELECTRIC MFG. CO., Westinghouse Electric & Mfg. Co. and the Tribune Co. v. KOHLER. No. 3993. Circuit Court of Appeals, Seventh Circuit. July 6, 1928. Rehearing Denied September 7, 1928. Appellants assail a decree of the District Court holding valid and infringed claims 3, 4, 5, 6, 9, 10, 11, 12, and 24 of United States patent No. 1,124,673 for "apparatus for feeding paper to printing presses, etc.," applied for by the inventor, I. I. Stone, June 18, 1900, and granted to...

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In Re Babcock, 3990 (1928)

26 F.2d 153 (1928) In re BABCOCK et al. No. 3990. Circuit Court of Appeals, Seventh Circuit. March 6, 1928. Rehearing Denied June 12, 1928. *154 Henry S. Robbins, of Chicago, Ill., for petitioners. Horace Kent Tenney, of Chicago, Ill., for respondent. Before ALSCHULER, EVANS, and PAGE, Circuit Judges. ALSCHULER, Circuit Judge (after stating the facts as above). The jurisdiction of this court to entertain this proceeding is challenged. If there is jurisdiction, it arises under section 262 of the...

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WS Bogle & Co. v. Commissioner of Internal Revenue, 3984 (1928)

26 F.2d 771 (1928) W. S. BOGLE & CO., Inc., et al. v. COMMISSIONER OF INTERNAL REVENUE. No. 3984. Circuit Court of Appeals, Seventh Circuit. June 12, 1928. E. B. Wilkinson, of Chicago, Ill., for petitioners. John V. Groner, of Norfolk, Va., for respondent. Before ALSCHULER, EVANS, and PAGE, Circuit Judges. EVAN A. EVANS, Circuit Judge. Petitioners are here because dissatisfied with the Board of Tax Appeals' determination of their 1917 and 1918 income and profit taxes. Their assignments of error...

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Metropolitan Business College v. Blair, 3969 (1928)

24 F.2d 176 (1928) METROPOLITAN BUSINESS COLLEGE v. BLAIR, Commissioner of Internal Revenue. No. 3969. Circuit Court of Appeals, Seventh Circuit. February 16, 1928. *177 Arnold R. Baar, of Chicago, Ill., for petitioner. John W. Fisher, of Chicago, Ill., for respondent. Before ALSCHULER, EVANS, and PAGE, Circuit Judges. ALSCHULER, Circuit Judge. Petitioner, a corporation, attacks an order of the Board of Tax Appeals fixing petitioner's unpaid tax for 1918 at $8,051.06, and for 1919 at $5,478.23,...

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O'BRIEN v. United States, 3965 (1928)

25 F.2d 90 (1928) O'BRIEN et al. v. UNITED STATES. No. 3965. Circuit Court of Appeals, Seventh Circuit. February 17, 1928. L. E. Stone and John G. Friedmeyer, both of Springfield, Ill., for plaintiffs in error. Walter M. Provine, of Springfield, Ill., for the United States. Before ALSCHULER, EVANS, and PAGE, Circuit Judges. *91 ALSCHULER, Circuit Judge. Plaintiffs in error, with one Prenable, who was not apprehended, were indicted on four counts. The first and second charged robbery of the...

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Larrison v. United States, 3960 (1928)

24 F.2d 82 (1928) LARRISON et al. v. UNITED STATES. No. 3960. Circuit Court of Appeals, Seventh Circuit. January 7, 1928. D. H. Mudge, of Edwardsville, Ill., and A. M. Fitzgerald, of Springfield, Ill., for plaintiffs in error. Walter M. Provine, of Springfield, Ill., for the United States. Before EVANS, PAGE, and ANDERSON, Circuit Judges. EVAN A. EVANS, Circuit Judge. This prosecution grew out of a post office burglary at Alton, Illinois, May 12, 1924. Defendants were charged, in an indictment...

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In Re F. MacKinnon Mfg. Co., 3953 (1928)

24 F.2d 156 (1928) In re F. MacKINNON MFG. CO. NORTHERN BOND & MORTGAGE CO. v. KING. No. 3953. Circuit Court of Appeals, Seventh Circuit. February 23, 1928. C. W. Lomas, of Green Bay, Wis., for appellant. R. B. Graves, of Wisconsin Rapids, Wis., for appellee. Before ALSCHULER, EVANS, and PAGE, Circuit Judges. EVAN A. EVANS, Circuit Judge. Appellant filed its claim against the bankrupt estate of F. MacKinnon Manufacturing Company for $36,500, plus interest, and sought its allowance, and also its...

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Kosmerl v. Commissioner of Internal Revenue, 3933 (1928)

25 F.2d 87 (1928) KOSMERL v. COMMISSIONER OF INTERNAL REVENUE. No. 3933. Circuit Court of Appeals, Seventh Circuit. February 18, 1928. *88 Guy Chase, of St. Paul, Minn., for petitioner. M. N. Fisher, of Washington, D. C., for respondent. Before ALSCHULER, EVANS, and PAGE, Circuit Judges. ALSCHULER, Circuit Judge. Review of order of Board of Tax Appeals sustaining assessment of taxes against petitioner for 1921 and 1922. In 1903 the fee owners of the Kosmerl iron mine property made a lease of it...

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International Indemnity Co. v. Lehman, 3920 (1928)

28 F.2d 1 (1928) INTERNATIONAL INDEMNITY CO. v. LEHMAN et al. [*] No. 3920. Circuit Court of Appeals, Seventh Circuit. April 3, 1928. Rehearing Denied October 2, 1928. Robert Golding, of Chicago, Ill., for plaintiff in error. H. A. Sawyer and David A. Sondel, both of Milwaukee, Wis., for defendants in error. Before EVANS, PAGE, and ANDERSON, Circuit Judges. EVAN A. EVANS, Circuit Judge. The parties will be described as they appeared in the District Court. Plaintiff sued to recover upon a...

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George J. Meyer Mfg. Co. v. Miller Mfg. Co., 3917 (1928)

24 F.2d 505 (1928) GEORGE J. MEYER MFG. CO. et al. v. MILLER MFG. CO. No. 3917. Circuit Court of Appeals, Seventh Circuit. February 23, 1928. Russell Wiles, of Chicago, Ill., for appellants. Clarence E. Mehlhope, of Chicago, Ill., for appellee. Before ALSCHULER, EVANS, and PAGE, Circuit Judges. EVAN A. EVANS, Circuit Judge. Appellants brought this suit to enjoin infringement of patent No. 839,864, granted January 1, 1907, to C. H. Loew, and covering "Mechanism for Rinsing, Spraying, and...

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Gray v. Baltimore & OR Co., 3888 (1928)

24 F.2d 671 (1928) GRAY v. BALTIMORE & O. R. CO. No. 3888. Circuit Court of Appeals, Seventh Circuit. March 5, 1928. *672 James G. Burnside, of Vandalia, Ill., for plaintiff in error. Rudulph J. Kramer, of East St. Louis, Ill., for defendant in error. Before ALSCHULER, EVANS, and PAGE, Circuit Judges. PAGE, Circuit Judge. Plaintiff in error (plaintiff), a passenger on defendant's train, was injured when the train of eleven cars ran into an open switch 1ΒΌ miles west of the town of Aviston, Ill.,...

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