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HOME TITLE INS. CO. v. UNITED STATES

No. 3547.

41 F.2d 793 (1930)

HOME TITLE INS. CO. v. UNITED STATES.

District Court, E. D. New York.

June 11, 1930.

Attorney(s) appearing for the Case

Weill, Wolff & Satterlee, of New York City (Hugh Satterlee and I. Herman Sher, both of New York City, of counsel), for plaintiff.

Howard W. Ameli, of Brooklyn, N. Y. (Albert D. Smith, Asst. U. S. Atty., of Brooklyn, N. Y., C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., and E. H. Horton, Atty., Bureau of Internal Revenue, of Washington, D. C., of counsel), for the United States.

GALSTON, District Judge.

This case is presented upon an agreed state of facts.

There are three causes of action set forth in the complaint, each involving the same principle of law. The plaintiff seeks to recover from the defendant in each case a sum of money alleged erroneously to have been collected by the collector of internal revenue for the First district of New York from the plaintiff under protest, and alleges exemption of capital stock tax liability...

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