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MacLAUGHLIN v. PHILADELPHIA BARGE CO.

No. 16064.

60 F.2d 333 (1932)

MacLAUGHLIN, Collector of Internal Revenue, v. PHILADELPHIA BARGE CO. et al.

District Court, E. D. Pennsylvania.

April 13, 1932.

Attorney(s) appearing for the Case

Edward W. Wells, U. S. Atty., of Philadelphia, Pa., for plaintiff.

Saul, Ewing, Remick & Saul, of Philadelphia, Pa., for defendant.

KIRKPATRICK, District Judge.

The only question raised by this affidavit of defense is whether the cause of action is abated; the affidavit of defense being the statutory equivalent of a plea in abatement.

The suit is against principal and surety upon a bond given to secure payment of taxes. The bond was delivered to Lederer, then collector, on February 17, 1921, and the obligee is, "Ephraim Lederer, Collector, First District, Pennsylvania, or his successors...

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