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ATLANTIC MILLS OF RHODE ISLAND v. UNITED STATES

No. M-229.

3 F.Supp. 699 (1933)

ATLANTIC MILLS OF RHODE ISLAND v. UNITED STATES.

Court of Claims.

June 5, 1933.

Attorney(s) appearing for the Case

Lyle T. Alverson, of New York City (Johnson & Shores, of New York City, on the brief), for plaintiff.

George H. Foster, of Washington, D. C., and Charles B. Rugg, Asst. Atty. Gen., for the United States.

Before GREEN, LITTLETON, WILLIAMS, and WHALEY, Judges.

LITTLETON, Judge.

Plaintiff instituted this suit within six years after the delivery to it of the certificate of overassessment showing the overpayment for 1918 and the application of $137,005.64 thereof as a credit against that amount of an additional assessment due for 1917. The petition is in two counts. Count 1 seeks to recover the overpayment for 1918, and count 2 seeks to recover the same amount as an unlawful collection...

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