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RANDOLPH PRODUCTS CO. v. MANNING

Civil No. 9963.

83 F.Supp. 857 (1948)

RANDOLPH PRODUCTS CO. v. MANNING.

United States District Court Third District. New Jersey.

May 12, 1948.

Attorney(s) appearing for the Case

Brady & Daly, of Newark, N. J., for plaintiff.

Edgar H. Rossbach, U. S. Atty., and Roger M. Yancey, Asst. U. S. Atty., both of Newark, N. J., for defendant.

SMITH, District Judge.

This is a civil action under the Internal Revenue Code for the recovery of the surtax and the statutory interest thereon, paid by the plaintiff for the calendar years 1943 and 1944, which the plaintiff alleges were erroneously and illegally assessed and collected. The action is before the Court at this time on a motion for summary judgment filed by the plaintiff pursuant to Rule 56 of the Rules of Civil Procedure, 28 U.S. C.A. The essential...

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