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MUNSON v. McGINNES

Civ. A. No. 25568.

178 F.Supp. 380 (1959)

George S. MUNSON and Katharine S. Munson v. Edgar A. McGINNES, Individually and as United States District Director of Internal Revenue for the Internal Revenue District of Philadelphia, Pennsylvania.

United States District Court E. D. Pennsylvania.

October 1, 1959.

Attorney(s) appearing for the Case

Drinker, Biddle & Reath, by Frederick E. S. Morrison, Philadelphia, Pa., for plaintiff.

Harold K. Wood, U. S. Atty., Philadelphia, Pa., Robert H. Kapp, Atty., Dept. of Justice, Washington, D. C., for defendant.

KIRKPATRICK, District Judge.

This is an action to recover a duly claimed refund of income tax in the amount of $44,362.95 alleged to have been erroneously collected as part of the plaintiff's* 1954 income tax. The defendant has moved to dismiss on the ground that the facts stated in the complaint and in the claim for refund thereto attached (and admitted for the purposes of this motion) fail to state a claim upon which relief can be granted...

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