McLELLAN, District Judge.
This is an action to recover an excise tax paid by the plaintiff to the defendant. The right to maintain the action depends, as the parties agree, upon whether the plaintiff is a corporation "organized and operated exclusively for * * * charitable * * * purposes, * * * no part of the net earnings of which inures to the benefit of any private shareholder or individual" within the meaning of these words as they appear in the Social Security...
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