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STANDARD CLAY MANUFACTURING CO. v. UNITED STATES

Civ. No. 16326.

176 F.Supp. 590 (1959)

STANDARD CLAY MANUFACTURING COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court W. D. Pennsylvania.

July 8, 1959.

Attorney(s) appearing for the Case

John D. Ray, Beaver, Pa., for plaintiff.

Peter J. Donahue, Special Asst. Dept. of Justice, Washington, D. C., George Sewak, Asst. U. S. Atty., Pittsburgh, Pa., for defendant.

MARSH, District Judge.

Plaintiff brought this action pursuant to § 1346(a) (1), 28 U.S.C.A., to recover income taxes in the amount of $65,747.28 alleged to have been erroneously and illegally collected by the defendant for the taxable years 1953, 1954 and 1955.1 The defendant counterclaimed for an alleged underpayment of the 1955 tax. Upon due consideration of the stipulations, evidence and briefs, the court makes the following

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