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CLINTON IRON & STEEL CO. v. HEINER

No. 5650.

30 F.2d 542 (1929)

CLINTON IRON & STEEL CO. v. HEINER, Collector of Internal Revenue.

District Court, W. D. Pennsylvania.

January 12, 1929.

Attorney(s) appearing for the Case

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

John D. Meyer, U. S. Atty., and John A. McCann, Sp. Asst. U. S. Atty., both of Pittsburgh, Pa., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and J. W. Hussey, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C., for defendant.

GIBSON, District Judge.

The plaintiff in the action at bar seeks to recover from the United States the sum of $222,856.06, with interest from June 7, 1926. To the statement of claim the defendant has filed the statutory demurrer provided by the Pennsylvania Practice Act (Pa. St. 1920, §§ 17062-17326), and that demurrer is the subject of our present consideration.

The statement of claim sets forth that plaintiff, on March 15, 1919, filed with the...

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