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CONSOLIDATED PAPER CO. v. UNITED STATES

No. L-477.

1 F.Supp. 858 (1932)

CONSOLIDATED PAPER CO. v. UNITED STATES.

Court of Claims.

December 5, 1932.

Attorney(s) appearing for the Case

Jesse I. Miller, of Washington, D. C., for plaintiff.

Charles B. Rugg, Asst. Atty. Gen. (Charles R. Pollard and H. C. Clark, both of Washington, D. C., on the brief), for the United States.

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

LITTLETON, Judge.

Plaintiff makes a motion for a new trial, and insists that the conclusion of the court in this case [59 F.2d 281] that the credit was allowed by the Commissioner under section 1116 of the Revenue Act of 1926 (26 USCA § 153 note) when he signed the first schedule of overassessment is contrary to the decisions in United States v. Swift & Company, 282 U.S. 468, 51 S.Ct. 202,...

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