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UNITED STATES v. NORWICH & W. R. CO.

No. 2755.

16 F.2d 944 (1926)

UNITED STATES v. NORWICH & W. R. CO.

District Court, D. Massachusetts.

December 17, 1926.

Attorney(s) appearing for the Case

Marcus Morton, Jr., Asst. U. S. Atty., of Boston, Mass., for the United States.

James S. Y. Ivins, of Washington, D. C., and Arthur W. Blackman and F. A. Farnham, both of Boston, Mass., for defendant.

MORTON, District Judge.

This is an action by the United States to recover an excess income tax assessed against the defendant on its 1918 income. The facts are not in dispute and are covered by stipulation. They may be briefly stated as follows:

The Norwich & Worcester Company owns a railroad which is leased to the New York, New Haven & Hartford Railroad. By the terms of the lease, the lessee agreed to pay certain fixed sums and also to pay certain...

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