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DAYTON ENGINEERING LABORATORIES v. UNITED STATES

No. 576.

3 F.Supp. 351 (1933)

DAYTON ENGINEERING LABORATORIES CO. v. UNITED STATES.

District Court, S. D. Ohio, W. D.

March 25, 1933.

Attorney(s) appearing for the Case

Craighead, Cowden, Smith & Schnacke, of Dayton, Ohio, Charles R. Carroll, of New York City, and Frank S. Bright, of Washington, D. C., for plaintiff.

C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, Henry C. Clark, and E. L. Updike, Sp. Attys., Bureau of Internal Revenue, all of Washington, D. C., Haveth E. Mau, U. S. Atty., of Cincinnati, Ohio, and W. A. Rogers, Asst. U. S. Atty., of Dayton, Ohio.

NEVIN, District Judge.

This is an action at law wherein plaintiff alleges that there is now due and owing to it from the defendant the sum of $369,477.08, with interest thereon from November 25, 1925. The action grows out of an alleged overpayment by plaintiff to the defendant in the amount just referred to as income and excess profits taxes for the fiscal year ending June 30, 1918, and which was collected from plaintiff on November 25, 1925, by the collector of internal...

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