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DAUBE v. UNITED STATES

No. L-106.

1 F.Supp. 771 (1932)

DAUBE v. UNITED STATES.

Court of Claims.

November 14, 1932.

Attorney(s) appearing for the Case

John E. Hughes, of Chicago, Ill. (William Cogger, of Washington, D. C., on the brief), for plaintiff.

G. Aaron Youngquist and Charles B. Rugg, Asst. Attys. Gen. (Lisle A. Smith and E. E. Angevine, both of Washington, D. C., on the brief), for the United States.

Before BOOTH, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHALEY, Judges.

GREEN, Judge.

The motion for new trial is based upon the statement that the court erred in stating in the opinion that, although the application of the overpayment was made after the statute of limitations had run, the statute then in force did not extinguish the debt due from the taxpayer, it merely abrogated the remedy. It is urged on behalf of plaintiff that Bowers v. New York & Albany Lighterage Co., 273 U.S. 346, 47 S.Ct. 389...

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