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PETERS v. SMITH

No. 13667.

123 F.Supp. 711 (1954)

Samuel B. PETERS, Plaintiff, v. Francis R. SMITH, Collector of Internal Revenue, Defendant, United States of America, Intervenor.

United States District Court E. D. Pennsylvania.

August 5, 1954.

Attorney(s) appearing for the Case

William P. Thorn, Duane, Morris & Heckscher, Philadelphia, Pa., for plaintiff.

H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe, Kurt W. Melchior, Sp. Assts. to Atty. Gen., W. Wilson White, U. S. Atty., Norman Kron, Asst. U. S. Atty., Philadelphia, Pa., for defendant.

KIRKPATRICK, Chief Judge.

This action is to recover $13,108.39, paid to the Collector of Internal Revenue as an income tax for the year 1946. The United States has intervened with a claim against the taxpayer for $1,589.68, unpaid balance of income tax for the same year.

The case was tried to the Court and jury and a special verdict favorable to the plaintiff was returned. The defendant now moves to set aside the jury's answers to the interrogatories, and...

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