ROSENBERGER v. McCAUGHN

No. 11466.

20 F.2d 139 (1927)

ROSENBERGER v. McCAUGHN, Collector.

District Court, E. D. Pennsylvania.

May 26, 1927.


Attorney(s) appearing for the Case

Pierce Archer, of Philadelphia, Pa., for plaintiff.

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


DICKINSON, District Judge.

The conclusion reached in this case is in effect to sustain the demurrer.

Discussion.

This step in the pending cause is to take advantage of the opportunity afforded by the Pennsylvania Practice Act of 1915 (Pa. St. 1920, § 17181 et seq.) to have questions of law which arise out of the statement of claim determined in advance of trial. The question here raised is a very definite and clear-cut one, but it is the kind...

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