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MUTUAL LIFE INS. CO. OF NEW YORK v. UNITED STATES

No. K-377.

49 F.2d 662 (1931)

MUTUAL LIFE INS. CO. OF NEW YORK v. UNITED STATES.

Court of Claims.

May 4, 1931.

Attorney(s) appearing for the Case

Wm. M. Williams, of Washington, D. C. (Frederick L. Allen, of New York City, on the brief), for plaintiff.

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

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

LITTLETON, Judge.

Plaintiff instituted this suit August 29, 1929, to recover $372,814.97 with interest on $185,908.05 from September 14, 1923, $185,908.04 from December 14, 1923, and on $998.88 from December 21, 1926, representing an overpayment of income tax for 1922.

Defendant demurs to the petition on the ground: First, that it fails to state facts which constitute a cause of action against the United States; and...

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