ROYAL BANK OF CANADA v. UNITED STATES

No. F-334.

44 F.2d 249 (1930)

ROYAL BANK OF CANADA v. UNITED STATES.

Court of Claims.

November 3, 1930.


Attorney(s) appearing for the Case

J. Robert Sherrod, of Washington, D. C. (Miller & Chevalier, Zabriskie, Sage, Gray & Todd, and William E. Sims, all of New York City, on the brief), for plaintiff.

Charles R. Pollard, of Washington, D. C., and Charles B. Rugg, Asst. Atty. Gen. (Ralph E. Smith, of Washington, D. C., on the brief), for the United States.

Before BOOTH, Chief Justice, and GREEN, LITTLETON, and WILLIAMS, Judges.


LITTLETON, Judge.

Upon motion of defendant a new trial was granted in this case and the original findings of fact and opinion published June 3, 1929, were vacated and set aside.

Plaintiff contends that it is entitled to recover the entire overpayment of $70,262.45 for the fiscal year 1918 plus interest because the commissioner rejected its claim for refund and claim for credit, although the amount of the overpayment was used to satisfy and discharge its liability...

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