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JOSEPH REID GAS ENGINE CO. v. LEWELLYN

Nos. 6321, 6322.

42 F.Supp. 895 (1942)

JOSEPH REID GAS ENGINE CO. v. LEWELLYN, Former Collector of Internal Revenue. SAME v. HEINER, Collector of Internal Revenue.

District Court, W. D. Pennsylvania.

January 27, 1942.

Attorney(s) appearing for the Case

Sachs & Caplan, of Pittsburgh, Pa., for plaintiffs.

Chas. F. Uhl, U. S. Atty., and Elliott W. Finkel, Asst. U. S. Atty., both of Pittsburgh, Pa., S. O. Clark, Jr., Asst. Atty. Gen., and Andrew D. Sharpe and Clarence E. Dawson, Sp. Assts. to Atty. Gen. for the United States.

SCHOONMAKER, Judge.

These two actions are for the recovery of taxes paid by plaintiff which are alleged to have been illegally assessed against it.

The defendant in each case has moved for summary judgment in his favor. These motions are accompanied by a supporting affidavit and opposed by an affidavit filed by plaintiff. These motions are based on the ground that the complaint in each case fails to state a cause of action on which relief can be granted, in...

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