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BROOKS-SCANLON CORPORATION v. UNITED STATES

No. M-152.

31 F.Supp. 151 (1940)

BROOKS-SCANLON CORPORATION v. UNITED STATES.

Court of Claims.

February 5, 1940.

Attorney(s) appearing for the Case

Howe P. Cochran, of Washington, D. C. (Lucien H. Boggs, of Jacksonville, Fla., and William Delaware Harris, of Washington, D. C., on the brief), for plaintiff.

J. W. Hussey, of Washington, D. C., and Samuel O. Clark, Jr., Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, Sp. Assts. to Atty. Gen., on the brief), for defendant.

Before WHALEY, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHITAKER, Judges.

GREEN, Judge.

The plaintiff in its amended petition alleges in the first count thereof that in or about the month of May, 1926, the defendant, acting through the Commissioner of Internal Revenue, promised and agreed to pay the plaintiff the sum of $128,244.72 as a balance overpaid on its tax liability for the year 1917. Of this amount, the sum of $39,449.48 was credited to an additional tax for 1920 and $662.63 was credited...

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