DAVIS v. UNITED STATES

No. 63.

27 F.2d 630 (1928)

DAVIS et al. v. UNITED STATES.

District Court, D. Maine, S. D.

April 6, 1928.


Attorney(s) appearing for the Case

Bradley, Linnell & Jones, of Portland, Me., for plaintiffs.

Frederick R. Dyer, U. S. Atty., of Portland, Me.


PETERS, District Judge.

This is an action by the plaintiffs individually as legatees of the late Mary H. Davis, and as executors of her will, to recover of the United States an overpayment in income tax for the year 1919, which overpayment is admitted to have been made, by the government officials, and the only question here is as to whether the plaintiffs have a right to collect and receive it. That right was originally questioned by the government on the ground...

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