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FIRST NATIONAL BANK OF LANSDALE v. SMITH

Civ. A. Nos. 13825, 13826.

141 F.Supp. 722 (1956)

The FIRST NATIONAL BANK OF LANSDALE, Executor of the Will of Irwin H. Pool, Deceased, Lansdale, Pennsylvania, Plaintiff, v. Francis R. SMITH, Collector of Internal Revenue, Defendant (two cases).

United States District Court E. D. Pennsylvania.

May 29, 1956.

Attorney(s) appearing for the Case

Sidney L. Wickenhaver, Philadelphia, Pa., Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., of counsel, for plaintiff.

W. Wilson White, U. S. Atty., Philadelphia, Pa., Charles K. Rice, Acting Asst. Atty. Gen., Andrew D. Sharpe, John J. Sexton, Jr., Attorneys, Dept. of Justice, Washington, D. C., for defendants.

CLARY, District Judge.

Two suits were instituted by plaintiff, The First National Bank of Lansdale, as executor under the will of Irwin H. Pool, deceased, to recover an alleged overpayment of income taxes by plaintiff's decedent. The first case, Civil Action No. 13825, was brought against Francis R. Smith, Collector of Internal Revenue, in order to preserve plaintiff's right to a jury trial. The second case, Civil Action No. 13826, was brought against the United States...

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