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MIDPOINT REALTY CO. v. UNITED STATES

No. 43130.

42 F.Supp. 76 (1941)

MIDPOINT REALTY CO., Inc., v. UNITED STATES.

Court of Claims.

December 1, 1941.

Attorney(s) appearing for the Case

Ellsworth C. Alvord, of Washington, D. C. (Floyd F. Toomey and Alvord & Alvord, all 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, both of Washington, D. C., on the brief), for defendant.

Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, JONES, and MADDEN, Judges.

WHITAKER, Judge.

Plaintiff's petition in this case was based in part on the theory that within six years prior to the time it brought its suit it and the Commissioner of Internal Revenue had agreed on the balance due it, and that the Commissioner had impliedly promised to pay the amount agreed to be due. In our opinion in this case delivered on January 8, 1940, 30 F.Supp. 691, 90 Ct.Cl. 335, we held that there had been an account...

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