McLELLAN, District Judge.
In this action to recover taxes collected from the plaintiff under the Carriers Taxing Act of 1937, 45 U.S.C.A. §§ 261-273, all things have happened entitling the plaintiff to maintain the action unless, within the meaning of that Act, the plaintiff was directly or indirectly controlled by a carrier. This much is conceded in the defendant's brief, which states that the question presented is "whether the plaintiff company is directly...
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