McKENNEY v. UNITED STATES

No. J-667.

52 F.2d 1063 (1931)

McKENNEY et al. v. UNITED STATES.

Court of Claims.

October 20, 1931.


Attorney(s) appearing for the Case

Harry S. Hall, of New York City, for plaintiffs.

Lisle A. Smith, of Washington, D. C., and Charles B. Rugg, Asst. Atty. Gen., for the United States.


PER CURIAM.

Counsel for the defendant has filed a motion for a new trial asking that the court vacate its judgment entered herein in favor of plaintiffs and dismiss the petition.

It is urged that the court erred in treating the document set forth in the facts and opinion published May 4, 1931 [49 F.2d 667], as a claim for refund. Nothing is submitted in support of this ground that was

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