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VARSITY UNDERWEAR CO. v. UNITED STATES

No. J-645.

46 F.2d 832 (1931)

VARSITY UNDERWEAR CO., Inc., v. UNITED STATES.

Court of Claims.

February 9, 1931.

Attorney(s) appearing for the Case

Theodore B. Benson, of Washington, D. C., for plaintiff.

George H. Foster, of Washington, D. C., and Herman J. Galloway, Asst. Atty. Gen. (Lisle A. Smith, of Washington, D. C., on the brief), for the United States.

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

GREEN, Judge.

This is a suit to recover taxes and interest amounting to $5,395.05, with interest thereon, alleged to have been wrongfully collected by defendant.

The evidence shows the assessment of an additional tax against the plaintiff for the year 1917, the filing of a plea in abatement, and a stay of the proceedings in collection of the tax by reason of the filing thereof; also the rejection of the plea in abatement and the collection of the tax after...

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