Opinion
No. 2287.
October 30, 1928.
Appeal from the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge.
For opinion below, see 26 F.2d 708.
J. Duke Smith, Sp. Asst. U.S. Atty., of Boston, Mass. (Frederick H. Tarr, U.S. Atty., C.M. Charest, and L.H. Baylies, all of Washington, D.C., on the brief), for appellant.
William Harold Hitchcock, of Boston, Mass., for appellee.
Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.
This case is governed by our decision of August 27, 1928, in Thomas W. White, Collector, v. Henry Hornblower et al., Trustees, 27 F.2d 777.
The judgment of the District Court is vacated, and the case is remanded to that court, with directions to enter judgment for the appellant.