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SMITH v. UNITED STATES

No. 3153.

17 F.Supp. 353 (1936)

SMITH v. UNITED STATES.

District Court, S. D. West Virginia.

December 15, 1936.

Attorney(s) appearing for the Case

Hawthorne D. Battle and Robert S. Spilman, Jr., both of Charleston, W. Va., for petitioner.

Okey P. Keadle, of Huntington, W. Va. (Frank J. Wideman, of Washington, D. C., Andrew D. Shaw, Clarence E. Dawson, of Washington, D. C., George I. Neal, of Huntington, W. Va., and Warren A. Thornhill, Jr., of Beckley, W. Va., on the brief), for the United States.

McCLINTIC, District Judge.

This is a suit instituted under the Tucker Act (28 U.S.C.A. § 41(20) by Harrison B. Smith against the United States of America to recover the sum of $5,309.29, with interest thereon at 6 per cent. from July 5, 1932, on account of the alleged overpayment of income and excess profits taxes for the year 1922. The two controversial issues remaining in the case are whether the amounts received...

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