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BOURNE v. UNITED STATES

No. L-43.

2 F.Supp. 228 (1933)

BOURNE et al. v. UNITED STATES.

Court of Claims.

January 9, 1933.

Attorney(s) appearing for the Case

Albert L. Hopkins, of Washington, D. C. (Burlingame, Nourse & Pettit, of New York City, and Hopkins, Sutter, Halls & De Wolf of Chicago, Ill., on the brief), for plaintiffs.

Joseph H. Sheppard, of Washington, D. C., and Charles B. Rugg, Asst. Atty. Gen. (Percia E. Miller, of Washington, D. C., on the brief), for the United States.

Before GREEN, LITTLETON, WILLIAMS, and WHALEY, Judges.

LITTLETON, Judge.

We are of opinion that the claim for refund in this case was legally sufficient. It was timely filed and under the facts and circumstances we think it was not finally rejected within the meaning of section 3226, Revised Statutes, as amended (26 USCA § 156 and note), until August 9, 1929. This suit is based upon the items and grounds set forth in the claim and was timely instituted. We find no merit in the contention of the defendant that a valid...

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