ATWELL, District Judge.
This suit is brought for $9,955.31, plus interest, alleged to have been paid under protest.
The defendant raises two points: First, that the application for refund made to the Commissioner is not the same as the cause of action declared upon. The declaration, in paragraph 4, is as follows: "At various times during 1927, R. A. Westbrook and S. A. Thompson purchased from the plaintiff for valuable consideration 485,003 shares of the capital...
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