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CONTINENTAL BAKING CO. v. UNITED STATES

No. 42210.

11 F.Supp. 143 (1935)

CONTINENTAL BAKING CO., Inc., v. UNITED STATES.

Court of Claims.

June 3, 1935.

Attorney(s) appearing for the Case

Raymond F. Garrity, of Washington, D. C., for plaintiff.

John W. Hussey, of Washington, D. C., and Frank J. Wideman, Asst. Atty. Gen., for the United States.

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

GREEN, Judge.

The only issue in the case is whether the claim for refund or the petition to the Board of Tax Appeals was filed within the time allowed by law so as to entitle the plaintiff to the refund herein claimed.

The tax which plaintiff seeks to have refunded was paid for the fiscal year ending February 28, 1922, and is now conceded to have been overpaid. But as the plaintiff did not file its claim for refund...

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