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ST. JOSEPH LEAD COMPANY v. UNITED STATES

175 F.Supp. 7 (1959)

ST. JOSEPH LEAD COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

July 24, 1959.

Attorney(s) appearing for the Case

Debevoise, Plimpton & McLean, New York City, for plaintiff, D. Bret Carlson, New York City, Carl J. Marold, of counsel.

S. Hazard Gillespie, Jr., U. S. Atty., for Southern Dist. of New York, New York City, Attorney for Defendant, Arthur V. Savage, Asst. U. S. Atty., New York City, of counsel.

DAWSON, District Judge.

This is a motion for an order, pursuant to Rule 15(a) of the Rules of Civil Procedure, 28 U.S.C.A., granting plaintiff leave to amend its complaint. The motion is supported by a stipulation of facts signed by both parties.

This is an action for the refund of corporate income taxes paid for the year 1949. The action was started after a claim for refund had been duly filed with the Commissioner of Internal Revenue but no action taken...

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