Opinion
No. 329.
July 21, 1930.
Appeal from the District Court of the United States for the Southern District of New York.
Appeal by the defendant from a judgment for the plaintiff entered by the District Court for the Southern District of New York upon a directed verdict in an action at law to recover income taxes paid to a collector under duress.
Charles H. Tuttle, U.S. Atty., of New York City (Leon E. Spencer, Asst. U.S. Atty., of New York City, of counsel), for appellant.
Ewing Everett, of New York City (Miller Chevalier, of Washington, D.C., of counsel), for appellee.
Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.
This case presents the same questions as those discussed in the opinion in Reeves v. Anderson, 43 F.2d 679, handed down herewith. In accordance with that opinion, the judgment herein will be reversed and a new trial ordered.
Judgment reversed; new trial ordered.