SMITH, Chief Judge.
Defendant moves to dismiss this tax refund action on the ground of variance between the complaint and the claim for refund.
Plaintiff moves to strike the motion to dismiss and the memorandum filed in support thereof as sham and false and as interposed for delay only.
The motion to dismiss raises serious questions of possible variance. The motion to strike is therefore denied.
The claim for refund, Exhibit 1 attached to the...
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