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OTIS ELEVATOR CO. v. UNITED STATES

18 F.Supp. 87 (1937)

OTIS ELEVATOR CO. v. UNITED STATES.

District Court, S. D. New York.

January 18, 1937.

Attorney(s) appearing for the Case

Samuel C. Coleman, of New York City, for plaintiff.

Lamar Hardy, U. S. Dist. Atty., of New York City (Malcolm A. Crusius, Asst. U. S. Atty., of New York City, of counsel), for the United States.

PATTERSON, District Judge.

The suit is one under the Tucker Act, 28 U.S.C.A. § 41 (20), to recover against the United States on an alleged account stated. The petitioner's position in the pleadings is that by correspondence and by certificate of overassessment the Commissioner of Internal Revenue stated an account relative to income tax payments that showed a balance in favor of the petitioner, as in Bonwit Teller & Co. v. United States, 283...

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