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MUTUAL FIRE INS. CO. OF GERMANTOWN v. UNITED STATES

Nos. 1478, 2503.

50 F.Supp. 665 (1943)

MUTUAL FIRE INS. CO. OF GERMANTOWN v. UNITED STATES.

District Court, E. D. Pennsylvania.

June 2, 1943.

Attorney(s) appearing for the Case

Horace Michener Schell, of Philadelphia, Pa., (Montgomery, McCracken, Walker & Rhoads, of Philadelphia, Pa., of counsel), for plaintiff.

Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharpe and Paul R. Russell, Sp. Assts. to Atty. Gen., and Gerald A. Gleeson, U. S. Atty., and Thomas J. Curtin, Asst. U. S. Atty., both of Philadelphia, Pa., for the United States.

KALODNER, District Judge.

The plaintiff seeks recovery of an alleged overpayment of its federal income taxes for the calendar year 1938. Two separate actions by the plaintiff have been consolidated. The recovery sought in the original action (No. 1478) is $4,758.73 and interest. The recovery sought in the second action (No. 2503) is $10,214.17 and interest, and it embraces the amount of recovery sought in the first action.

The defendant filed a motion to dismiss...

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