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WESTERN MARYLAND RY. CO. v. UNITED STATES

No. 5886.

23 F.Supp. 554 (1938)

WESTERN MARYLAND RY. CO. v. UNITED STATES.

District Court, D. Maryland.

May 27, 1938.

Attorney(s) appearing for the Case

Eugene S. Williams and William C. Purnell, both of Baltimore, Md., for petitioner.

James W. Morris, Asst. Atty. Gen., J. Louis Monarch, Andrew D. Sharpe, and Arthur P. Curran, Sp. Assts. to Atty. Gen., and Bernard J. Flynn, U. S. Atty., and G. Randolph Aiken, Asst. U. S. Atty., both of Baltimore, Md.

WILLIAM C. COLEMAN, District Judge.

The question here presented is whether a taxpayer, in the present case the Western Maryland Railway Company, having obtained a refund of taxes in a suit against the Collector of Internal Revenue, may now recover in a separate suit, brought against the United States, the amount of interest paid on such taxes, this interest having accrued by reason of the Railway Company's failure to pay the taxes at the time the Collector determined...

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