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S. SLATER & SONS v. WHITE

Nos. 7145, 7146.

33 F.Supp. 329 (1940)

S. SLATER & SONS, Inc., v. WHITE, formerly Collector of Internal Revenue (two cases).

District Court, D. Massachusetts.

May 15, 1940.

Attorney(s) appearing for the Case

George R. Stobbs (of Stobbs & Stockwell), of Worcester, Mass., and Norris Darrell and John F. Dooling, Jr. (of Sullivan & Cromwell), both of New York City, for plaintiff.

Fred J. Neuland, Sp. Asst. to the Atty. Gen. (Edmund J. Brandon, U. S. Atty., and C. Keefe Hurley, Asst. U. S. Atty., both of Boston, Mass., Samuel O. Clark, Jr., Asst. Atty. Gen., and Andrew D. Sharpe, Sp. Asst. to the Atty. Gen., on the brief), for defendant.

SWEENEY, District Judge.

These are two actions to recover 1929 income taxes alleged to have been illegally collected from the plaintiffs and their affiliates. One of the plaintiffs, S. Slater & Sons, Inc., a Massachusetts corporation, was dissolved in 1936, and the parent company, S. Slater & Sons, Inc., a Delaware corporation, took over all of its assets, so that in reality there is but one cause of action before this court, and both actions will be disposed...

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