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WEIL v. UNITED STATES

30 F.Supp. 349 (1939)

WEIL et al. v. UNITED STATES.

District Court, S. D. New York.

November 8, 1939.

Attorney(s) appearing for the Case

Sherman S. Rogers, of New York City, (Sherman S. Rogers and Herbert Burton Brill, both of New York City, of counsel), for Petitioners.

John T. Cahill, U. S. Atty., of New York City, (Maxwell S. McKnight, Asst. U. S. Atty., of New York City, of counsel), for defendant.

GODDARD, District Judge.

Both the plaintiffs and the defendant have made motions for a summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The suit was brought to recover the sum of $6,361.64, which the plaintiffs paid under protest to the Collector of Internal Revenue as documentary stamp taxes on the transfer of certain corporate securities from the Mortgage

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