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ROCKLAND & ROCKPORT LIME CORPORATION v. HAM

No. 148.

38 F.2d 239 (1930)

ROCKLAND & ROCKPORT LIME CORPORATION v. HAM, Collector of Internal Revenue.

District Court, D. Maine, S. D.

February 21, 1930.

Attorney(s) appearing for the Case

Verrill, Hale, Booth & Ives, of Portland, Me., and Robert H. Holt, of Boston, Mass., for plaintiff.

John W. Hussey, of Washington, D. C., and F. R. Dyer, U. S. Atty., and William B. Nulty, Asst. U. S. Atty., both of Portland, Me., for defendant.

PETERS, District Judge.

This case was heard by me without a jury, a stipulation having been filed by which the essential facts were presented by agreement and a jury waived.

The suit is brought to recover taxes alleged to have been erroneously and illegally collected by the defendant, a collector of internal revenue. On March 7, 1924, the plaintiff, as successor to the Rockland & Rockport Lime Company, paid to the defendant after demand $130,456.53, of...

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