Legal Opinion

Bartolomeo Monge v. James G. Smyth, Collector of Internal Revenue for the First District of California

Court of Appeals for the First Circuit

Decided March 8, 1956No. 14494PublishedCited by 25 opinions

1Opinion of the Court

LEMMON, Circuit Judge.

This appeal is from an order of the District Court dismissing the action. This case has been here before. A motion was made to dismiss the action on the original complaint. A motion by respondent for summary judgment was denied. Before action was had on the motion to dismiss, appellant filed a first amended complaint. Appellant’s original complaint was dismissed. An appeal was taken. This Court held that no appeal-able action had been taken by the Trial Court.

The original complaint sought an injunction restraining the collection by respondent Collector of taxes,…

2Cases cited13 opinions

  1. California v. LatimerSupreme Court of the United States · 1938
  2. Midwest Haulers, Inc. v. BradyCourt of Appeals for the Sixth Circuit · 1942
  3. John M. Hirst & Co. v. GentschCourt of Appeals for the Sixth Circuit · 1943
  4. Reams v. Vrooman-Fehn Printing Co.Court of Appeals for the Sixth Circuit · 1944
  5. Payson v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1948

8 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Louie N. Elias v. W.H. ConnettCourt of Appeals for the Ninth Circuit · 1990
  2. Joseph P. Lucia v. United States of AmericaCourt of Appeals for the Fifth Circuit · 1973
  3. Meridian Wood Products Co., Inc., a Corporation v. United States of America, Harry F. Lenton and Colleen Lenton v. United StatesCourt of Appeals for the Ninth Circuit · 1984
  4. Church of Scientology of California v. United States of America and Sandra Baker, Revenue OfficerCourt of Appeals for the Ninth Circuit · 1990
  5. Homan Mfg. Co., Inc. v. H. A. LongCourt of Appeals for the Seventh Circuit · 1957

20 more not listed; retrieve them via the Exa API.

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