WHITAKER, Judge.
This case is before us on defendant's motion to dismiss. The case made by the petition is substantially as follows:
In 1931 the claimant brought a suit in the United States District Court for the Southern District of West Virginia to recover taxes paid for the years 1918, 1919, 1920, and 1921 in excess of the amount which the plaintiff alleged was due. Subsequently the parties entered into a stipulation, upon the basis of which a judgment...
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