BRIGHT, District Judge.
Both parties move for summary judgment in an action brought to recover taxes which were illegally collected on plaintiff's income for the year 1932. Defendant contends that plaintiff's amended claim for refund was not timely filed, and that in any event a recovery can only be had for a less amount than demanded. Similar litigation was had between the same parties, resulting in a dismissal upon the merits, after a motion of like character, and...
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