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ART METAL CONST. CO. v. UNITED STATES

No. 42567.

13 F.Supp. 756 (1936)

ART METAL CONST. CO. v. UNITED STATES.

Court of Claims.

March 2, 1936.

Attorney(s) appearing for the Case

John Lord O'Brian, of Buffalo, N. Y. (Ralph Ulsh, John F. Rich, and Slee O'Brian, Hellings & Ulsh, all of Buffalo, N. Y., on the brief), for plaintiff.

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

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

GREEN, Judge.

Plaintiff brings this suit to recover $41,146.12 with interest, being the amount of admitted overpayment of its taxes for the year 1918. It is conceded by defendant that plaintiff would be entitled to recover this sum with interest if this were the first time suit had been brought on this cause of action. It appears that in 1928 the plaintiff brought a suit to recover the amount of this same overpayment with interest in the District Court of the United...

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