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CLIFTON MFG. CO. v. UNITED STATES

No. 43149.

19 F.Supp. 723 (1937)

CLIFTON MFG. CO. v. UNITED STATES.

Court of Claims.

June 7, 1937.

Attorney(s) appearing for the Case

William A. Sutherland, of Washington, D. C. (Sutherland, Tuttle & Brennan, of Washington, D. C., on the brief), for plaintiff.

John A. Rees, of Washington, D. C., and James W. Morris, Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, Sp. Assts. to the Atty. Gen., on the brief), for the United States.

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

LITTLETON, Judge.

The overpayment in question is admitted and there is no claim on behalf of the defendant of any error or mistake in its determination. Plaintiff insists that there was an account stated in its favor by the Commissioner of Internal Revenue for $103,192.44, only $60,829.42 of which he paid. Counsel for the defendant take the position that there was no account stated in favor of the plaintiff for the amount of $42,363.02 here sought to be recovered...

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