THOMAS, District Judge.
This is an action brought to recover $18,940.13 paid by the plaintiff to the defendant under protest, as a tax on gain derived from the sale of certain securities. The defendant has demurred to the complaint and has also filed a motion to dismiss, both upon the ground that the complaint does not state facts sufficient to constitute a cause of action. We must, therefore, assume that the facts alleged in the complaint are true.
According...
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