FOLEY, District Judge.
Under 28 U.S.C.A. § 1346(a) (1), plaintiff seeks refund of cabaret taxes alleged to have been erroneously assessed and collected, and defendant, United States of America, counterclaims for assessed but unpaid cabaret tax, penalties and interest in the amount of $42,580.20 for the period October 1, 1943, through October 31, 1950, excluding the months of October, November and December, 1948, and January, 1949.
The record shows that...
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