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MEYERSDALE FUEL CO. v. UNITED STATES

No. J-261.

44 F.2d 437 (1930)

MEYERSDALE FUEL CO. v. UNITED STATES.

Court of Claims.

November 3, 1930.

Attorney(s) appearing for the Case

R. Lester Moore, of Washington, D. C. (J. S. Y. Ivins, of Washington, D. C., and John T. Duff, Jr., of Pittsburgh, Pa., on the brief), for plaintiff.

Ralph C. Williamson, of Washington, D. C., and Charles B. Rugg, Asst. Atty. Gen. (Charles F. Kincheloe, of Washington, D. C., on the brief), for the United States.

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

LITTLETON, Judge.

Plaintiff brings this suit to recover $76,551.06 alleged to represent the balance of an overpayment of income and profits tax due it for 1920 resulting from the filing of a consolidated return for that year for itself and three other corporations known as the Franklin Gas Coal Company, the Smokeless Quemahoning Coal Company, and the Randolph Coal Company. The consolidated return was filed in plaintiff's name, and the total tax shown thereon upon...

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