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HARRY M. STEVENS, INC. v. JOHNSON

115 F.Supp. 310 (1953)

HARRY M. STEVENS, Inc. v. JOHNSON.

United States District Court, S. D. New York.

September 21, 1953.

Attorney(s) appearing for the Case

John E. O'Hora, New York City, for plaintiff, Raphael M. O'Hara, Detroit, Mich., of counsel.

J. Edward Lumbard, U. S. Atty. for the Southern Dist. of New York, New York City, for defendant, Henry L. Glenn, Asst. U. S. Atty., Thomas C. Burke, Asst. U. S. Atty., New York City, of counsel.

McGOHEY, District Judge.

Both parties move for summary judgment on the complaint as amended,1 which seeks recovery, with interest, of $266,061.41 alleged to have been erroneously and unlawfully assessed and collected as taxes due for the year 1946 pursuant to Sec. 102 of the Internal Revenue Code.2

The facts are not in dispute. Plaintiff is a New York corporation. It keeps its books of account and files...

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