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GLEN BROOK COAL CO. v. LEDERER

No. 12280.

34 F.2d 977 (1929)

GLEN BROOK COAL CO. v. LEDERER.

District Court, E. D. Pennsylvania.

July 11, 1929.

Attorney(s) appearing for the Case

George W. Harkins, Jr., of Philadelphia, Pa., for plaintiff.

G. W. Coles, U. S. Atty., of Philadelphia, Pa., for defendant.

KIRKPATRICK, District Judge.

This is an action to recover an additional excess profits tax for the year 1917 in the amount of $6,869.56, paid under protest by the plaintiff. The additional assessment was made under the Revenue Act of 1917 (40 Stat. 300), and the plaintiff contends that it is entitled to the benefit of section 209 of that act, being a corporation having not more than a nominal capital.

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