GIBSON, District Judge.
Plaintiff by its suit seeks to recover amounts paid as income taxes for the years 1928 to 1936, inclusive.
No substantial facts are in dispute. The plaintiff, under the provisions of the Pennsylvania Act of April 2, 1856 (P.L. 211), was chartered by the Court of Common Pleas of Washington County, Pennsylvania, as a mutual fire insurance company on December 8, 1873, and has continued to act from that date to the present time.
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