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GENERAL RIBBON MILLS v. HIGGINS

32 F.Supp. 534 (1940)

GENERAL RIBBON MILLS, Inc., v. HIGGINS, Collector of Internal Revenue.

District Court, S. D. New York.

January 16, 1940.

Attorney(s) appearing for the Case

Epstein & Brothers, of New York City, for plaintiff.

John T. Cahill, U. S. Atty., of New York City (Dolores C. Faconti, Asst. U. S. Atty., of New York City, of counsel), for defendant.

LEIBELL, District Judge.

The defendant, Collector of Internal Revenue, moves for summary judgment, Rule 56(b), Federal Rules Civil Procedure, 28 U.S.C.A. following section 723c, upon the complaint and answer and an agreed statement of facts to which are attached four exhibits. Plaintiff has made a cross motion for summary judgment under subdivision (a) of the rule.

Plaintiff corporation was assessed $1,868.90 as a capital stock tax, on the ground that it was...

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