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APPLEBY v. UNITED STATES

No. 50157.

116 F.Supp. 415 (1953)

Edgar T. APPLEBY v. UNITED STATES.

United States Court of Claims.

November 3, 1953.

Attorney(s) appearing for the Case

John B. Coman, New York City, for plaintiff.

J. W. Hussey, Washington, D. C., H. Brian Holland, Asst. Atty. Gen., Washington, D. C., Andrew D. Sharpe and Ellis N. Slack, Washington, D. C., on the brief for defendant.

Before JONES, Chief Judge and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.

LITTLETON, Judge.

In the case of Appleby v. United States, 116 F.Supp. 410, this day decided, the court considered the identical issue presented by the instant case and the opinion rendered there is equally applicable here.

Plaintiff here sues to recover $12,695.77, plus interest, said to represent an overpayment of his individual income tax paid for the calendar year 1944, occasioned by the carry-back of an alleged net...

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