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THIRD NAT. BANK & TRUST CO. v. WHITE

No. 4783.

58 F.2d 411 (1932)

THIRD NAT. BANK & TRUST CO. OF SPRINGFIELD, MASS., v. WHITE, Collector of Internal Revenue.

District Court, D. Massachusetts.

April 7, 1932.

Attorney(s) appearing for the Case

Wooden, Small & Mallary, of Springfield, Mass., for plaintiff.

Frederick H. Tarr, U. S. Atty. (by J. Duke Smith, Sp. Asst. to U. S. Atty.), both of Boston, Mass., for defendant.

BREWSTER, District Judge.

This action was originally brought against Thomas W. White, as collector of internal revenue. It appears from the records that he was served with a summons on June 5, 1931. The suit was brought to recover an income tax paid in 1924, and for which a claim for refund had been filed and rejected on June 11, 1929. It appearing that Malcolm E. Nichols was collector of internal revenue at the time the taxes were paid, a motion was made by the plaintiff...

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