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CLINTON COAL CO. v. UNITED STATES

No. L-107.

12 F.Supp. 1019 (1934)

CLINTON COAL CO. v. UNITED STATES.

Court of Claims.

May 14, 1934.

Attorney(s) appearing for the Case

Lowndes C. Connally, of Washington, D. C. (Schuyler C. Mowrer, of Indianapolis, Ind., and Maurice Kay and William A. Neacey, both of Washington, D. C., on the brief), for plaintiff.

Charles B. Rugg, of Boston, Mass. (Charles R. Pollard and D. Louis Bergeron, 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.

In its motion for new trial the plaintiff has abandoned its claim that it is entitled to recover the amount credited on the 1917 taxes from the overpayment for 1918, but now argues that the Commissioner incorrectly computed the interest on this credit up to the time when it was applied on the 1917 taxes. The claim now made was not presented in argument and was not considered in the opinion rendered. It is not subject to the limitations upon actions for...

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