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WARREN STEAM PUMP CO. v. UNITED STATES

No. L-32.

5 F.Supp. 781 (1934)

WARREN STEAM PUMP CO. v. UNITED STATES.

Court of Claims.

February 5, 1934.

Attorney(s) appearing for the Case

M. Manning Marcus, of Washington, D. C. (Merrill S. June, of Worcester, Mass., on the brief), for plaintiff.

J. H. Sheppard, of Washington, D. C., and Frank J. Wideman, Asst. Atty. Gen. (G. H. Foster, of Washington, D. C., on the brief), for the United States.

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

GREEN, Judge.

This case is one in which plaintiff brings suit on an account stated in the form of a certificate of overassessment, which showed that an overassessment had been made, that part of it was credited on additional taxes for other years and $87,816.55 refundable, which was accordingly paid to plaintiff and accepted by it without any complaint until some four years afterwards.

Instead of an account stated, these facts would seem to show an account...

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