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COLUMBUS CIRCLE ARCADE CO. v. PEDRICK

111 F.Supp. 59 (1953)

COLUMBUS CIRCLE ARCADE CO. v. PEDRICK.

United States District Court S. D. New York.

January 30, 1953.

Attorney(s) appearing for the Case

Riegelman, Strasser, Schwarz & Spiegelberg, New York City, Laurence Rosenthal, New York City, of counsel, for plaintiff.

Myles J. Lane, U. S. Atty., by James A. Devlin, Asst. U. S. Atty., New York City, for defendant.

RYAN, District Judge.

This suit, filed against the Collector of Internal Revenue for the Second District, New York, was continued against his estate to recover $1,650 paid by plaintiff for documentary stamps alleged to have been erroneously affixed to a mortgage extension agreement executed on August 14, 1946. A claim for refund was duly filed under Section 3771, Title 26 U.S.C. and upon its rejection this suit was commenced.

At trial all factual issues were...

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