JONES, Chief Judge.
This action was commenced pursuant to 26 U.S.C. § 3772 (1946 ed.) to recover the sum of $29,286.66 "* * * on account of excess profits taxes for the calendar year 1943 erroneously and illegally exacted from the plaintiff by the defendant."
Defendant moves the court to dismiss the complaint arguing "* * * that the complaint in this action was filed on October 29, 1951, more than two years after February 17, 1949, the date upon which...
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