MISHLER, District Judge.
This is an action for a tax refund, pursuant to 28 U.S.C.A. § 1346. No oral testimony was taken; the case was submitted on a stipulation of facts and the further stipulation that the deposition of the plaintiff Moe J. Cohen "* * * may be considered by the Court as the testimony which Moe J. Cohen would give in open court if he were to testify at the trial of this action."
Prior to July 16, 1945, plaintiff Moe J. Cohen and plaintiff...
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