SIMPSON, District Judge.
Counsel for the affected parties having been heard, after due notice, upon the defendant's motion for summary judgment (filed August 20, 1958), the Court finds that there is no genuine issue as to any material fact with respect to the matters pleaded in the defendant's First Defense incorporated in its Answer (filed March 31, 1958). The claim for refund was filed October 11, 1956, claiming an overpayment of income taxes for the calendar year...
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