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FRENCH CLAY BLENDING CO. v. LEWELLYN

No. 3184.

26 F.2d 744 (1928)

FRENCH CLAY BLENDING 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., R. W. Smith, Ass't U. S. Atty., of Los Angeles, Cal., and C. M. Charest, Bureau Int. Rev., of Washington, D. C., for defendant.

SCHOONMAKER, District Judge.

This case was tried before the court without a jury, a jury trial having been waived. It is an action to recover interest claimed to be payable to the plaintiff under and by virtue of section 1019 of the Revenue Act of 1924 (26 USCA § 153; Comp. St. § 6371 5/6m) upon certain payments of income and excess profits taxes which were illegally exacted from the plaintiff. From the pleadings and proofs, the following facts appear:<...

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