HITNER v. LEDERER

No. 10698.

14 F.2d 991 (1926)

HITNER v. LEDERER.

District Court, E. D. Pennsylvania.

July 8, 1926.


Attorney(s) appearing for the Case

William Clarke Mason, of Philadelphia, Pa., for plaintiff.

George W. Coles, U. S. Atty., of Philadelphia, Pa., for defendant.


DICKINSON, District Judge.

The procedural form in which the question raised is presented is that of the payment of a tax, the collection of which is averred to have been illegal, the demand for the return of the sum paid, an action brought to recover it, and a rule for judgment because of the averred insufficiency of the affidavit of defense interposed. The ruling of the cause turns upon the construction of the contract embodied in that phrase of the act of Congress...

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