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REA v. HEINER

No. 3261.

6 F.2d 389 (1925)

REA v. HEINER, Collector of Internal Revenue.

District Court, W. D. Pennsylvania.

July 9, 1925.

Attorney(s) appearing for the Case

Henry Oliver Evans, Edwin W. Smith, and Reed, Smith, Shaw & McClay, all of Pittsburgh, Pa. (L. L. Hamby and Roper, Hagerman, Hurrey & Parks, all of Washington, D. C., and William A. Seifert, of Pittsburgh, Pa., of counsel), for plaintiff.

Walter Lyon, U. S. Atty., and Warren H. Van Kirk, Sp. Asst. U. S. Atty., both of Pittsburgh, Pa., and Leroy L. Hight, Sp. Atty. Bureau of Internal Revenue, of Washington, D. C., for defendant.

THOMSON, District Judge.

This is an action brought by Edith Oliver Rea, executrix of the will of Edith Anne Oliver, to recover against D. B. Heiner, collector of internal revenue for the Twenty-Third district of Pennsylvania, the sum of $2,849,858.79, with interest as hereinafter set forth, being the amount of certain taxes paid under protest, and which, it is averred, were illegally collected by the defendant. By stipulation filed, the parties agreed to waive a jury...

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