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WESTCHESTER FIRE INSURANCE COMPANY v. UNITED STATES

138 F.Supp. 788 (1955)

WESTCHESTER FIRE INSURANCE COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

November 24, 1955.

Attorney(s) appearing for the Case

Chambers, Clare & Gibson, New York City, Walter E. Warner, Jr., New York City, of counsel, for plaintiff.

Paul W. Williams, U. S. Atty., New York City, George M. Vetter, Jr., Asst. U. S. Atty., New York City, of counsel, for defendant.

RYAN, District Judge.

In this suit filed October 2, 1951, to recover taxes allegedly erroneously assessed for the years 1943 and 1944, plaintiff taxpayer moves to amend paragraphs 28 and 30 of the complaint to plead a "bookkeeping error" in its refund claim for 1944 and to increase the amount of refund sought from $3,827.31 to $19,827.31. The complaint pleads six separate claims but the amendment sought is directed only to the refund claim filed May 21, 1948 and disallowed...

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