DAVIS, Circuit Judge.
This was an action brought by Daniel Ritter to recover from the United States an overpayment in taxes for the year 1917 of $1,091.81, with interest. The case was argued on plaintiff's complaint and defendant's affidavit of defense, raising questions of law in the nature of a demurrer under the Pennsylvania practice.
On April 1, 1918, plaintiff filed his tax return for 1917, showing a tax liability of $6,964.95, which was paid on June...
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