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LEHIGH VALLEY TRUST CO. v. UNITED STATES

No. 19458.

34 F.Supp. 839 (1939)

LEHIGH VALLEY TRUST CO. et al. v. UNITED STATES.

District Court, E. D. Pennsylvania.

July 26, 1939.

Attorney(s) appearing for the Case

Fred A. Woodis and Francis R. Lash, both of Washington, D. C., and Reuben J. Butz, of Allentown, for plaintiffs.

J. Cullen Ganey, U. S. Atty., and Thomas J. Curtin, Asst. U. S. Atty., both of Philadelphia, Pa., and Thomas G. Carney, Sp. Asst. to Atty. Gen., for defendant.

KIRKPATRICK, District Judge.

This case is before the Court upon a statutory demurrer, filed in accordance with the Pennsylvania procedure. However, the New Rules of Civil Procedure, 28 U.S.C.A. following section 723c, will be applied to the proceeding, and the demurrer will be treated as a motion for judgment on the pleadings.

The suit is to recover an alleged overpayment of excess profits taxes in the amount of $32,014.05 with interest. The essential facts...

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