CLARK, W., Circuit Judge.
Plaintiff taxpayer is suing for a refund on the payment of taxes assessed against it for the year 1937. The litigation is centered about the payment of $1,012,191.08 by the Pittsburgh Plate Glass Co. and Duplate Corp. to the plaintiff on July 29, 1937, on account of a patent infringement. The infringement action was begun in 1928 and although the first interlocutory decree of the District Court, holding that Pittsburgh had infringed upon...
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