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BARNES v. UNITED STATES

No. 187-55.

137 F.Supp. 716 (1956)

Donald C. BARNES, Trustee in Dissolution for Engineers Public Service Company v. The UNITED STATES.

United States Court of Claims.

January 31, 1956.

Attorney(s) appearing for the Case

H. Brice Graves, Arlington, Va., T. Justin Moore and Hunton, Williams, Gay, Moore & Powell, Richmond, Va., on the brief, for plaintiff.

Elizabeth B. Davis, Washington, D. C., with whom was H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe, Washington, D. C., on the brief, for defendant.

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

LARAMORE, Judge.

The plaintiff sues to recover interest on a portion of an overpayment of excess profits tax for the year 1942 credited against income tax deficiencies for the years 1942, 1943, and 1945. The case is before this court on defendant's motion to dismiss on the ground that the suit is barred by the six-year statute of limitations embodied in 28 U.S.C. § 2501.1 The sole issue presented on this motion is when did plaintiff...

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