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McCAUGHN v. PHILADELPHIA BARGE CO.

No. 12356.

27 F.2d 628 (1928)

McCAUGHN, Collector of Internal Revenue, v. PHILADELPHIA BARGE CO. et al.

District Court, E. D. Pennsylvania.

April 23, 1928.

Attorney(s) appearing for the Case

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

Saul, Ewing, Remick & Saul, of Philadelphia, Pa., for defendants.

KIRKPATRICK, District Judge.

This is a suit by the United States upon a bond executed by the defendants, Philadelphia Barge Company and National Surety Company, as principal and surety, respectively. It now comes before the court upon a statutory demurrer to the statement of claim, in uniformity with the Pennsylvania Practice Act (Pa. St. 1920, §§ 17181-17204). The following facts are admitted:

In October, 1920, the Commissioner of Internal Revenue...

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