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PENN SMOKELESS COAL CO. v. LEWELLYN

No. 3791.

26 F.2d 743 (1928)

PENN SMOKELESS COAL CO. v. LEWELLYN.

District Court, W. D. Pennsylvania.

February 10, 1928.

Attorney(s) appearing for the Case

Smith, Shaw & McClay, of Pittsburgh, Pa., for plaintiff.

J. D. Meyer, U. S. Atty., and W. J. Aiken, Ass't U. S. Atty., both of Pittsburgh, Pa., and C. M. Charest, Bureau Int. Rev., and Ralph E. Smith, Sp. Atty. Int. Rev. Bureau, both of Washington, D. C., for defendant.

SCHOONMAKER, District Judge.

This case comes before the court on an affidavit of defense filed under the Pennsylvania Practice Act (Pa. St. 1920, § 17062 et seq.), raising questions of law. The legal defenses set up by the defendant are: (1) That the plaintiff has no right of action against the defendant, as a matter of law; (2) that plaintiff's claim is for interest on taxes alleged to have been wrongfully collected by the defendant as collector, and is based...

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