ROGERS, Circuit Judge (after stating the facts as above).
The plaintiff is a life insurance company which is conducted on the mutual level premium plan, and it sued to recover $90,556.19, with interest thereon from August 5, 1918, that being the date on which it paid to defendant, under protest, the amount above stated and which had been assessed against it by the collector of internal revenue, as an additional income tax for the year 1913, and which it is claimed...
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