MEMORANDUM OF DECISION
WILLIAM P. GRAY, District Judge.
The plaintiff seeks recovery of wagering excise taxes collected under the Internal Revenue Code of 1954, § 4401 (26 U.S.C. § 4401) for the period January 1, 1958, through September 30, 1958, in the amount of $10,000.00, plus assessed interest of $3,491.00 for a total of $13,491.00.
The Government has moved under Rule 56(b) and (c) of the Federal Rules of Civil Procedure, for an order...
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