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KUTTROFF v. SUTHERLAND

56 F.2d 862 (1932)

KUTTROFF et al. v. SUTHERLAND, Alien Property Custodian, et al.

District Court, S. D. New York.

February 16, 1932.

Attorney(s) appearing for the Case

Cardozo & Nathan, of New York City (Michael H. Cardozo, Jr., of New York City, of counsel), for plaintiffs.

George Z. Medalie, U. S. Atty., of New York City, and Thomas E. Rhodes and Phillip M. Marcum, Sp. Assts. to Atty. Gen., for defendants.

BONDY, District Judge.

The fact that the Commissioner of Internal Revenue, recognizing the merits of the plaintiffs' claim for a refund, sent to the Alien Property Custodian a check to cover the amount of an income tax assessed against an alien enemy but improperly collected out of property belonging to plaintiffs, does not affect the decision originally made herein. (D. C.) 49 F.2d 944. The Alien Property Custodian forthwith redeposited...

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