v0863-655

No. 2386.

/d

IN THE

UNITED STATES CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAMES DUNSMUIR,

Plaintiff in Error,

VS.

JOSEPH J. SCOTT, Collector of Internal

Revenue (Substituted in Place of August

1. Muenter, Collector of Internal Rev-

enue),

Defendant in Error.

BRIEF OF PLAINTIFF IN ERROR.

This action was brought by James Dunsmuir, ad-

mitted at all times to be domiciled in British Colum-

bia, a legatee under the will of Alexander Dunsmuir,

deceased, to recover from the United States Collec-

tor of Internal Revenue for the First Collection Dis-

trict of the State of California the sum of $2,968.80

paid by him under protest to such Collector as a tax

under the provisions of the War Revenue Act of June

13th, 1898, upon the legacy received by him as such

legatee. The recovery of the tax is sought, as alleged

in the complaint, upon two grounds, first: that said

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