NEW ENGLAND FURNITURE & CARPET CO. v. UNITED STATES

No. 2469.

2 F.Supp. 650 (1933)

NEW ENGLAND FURNITURE & CARPET CO. v. UNITED STATES.

District Court, D. Minnesota, Third Division.

February 17, 1933.


Attorney(s) appearing for the Case

Lewis L. Drill, U. S. Atty., of St. Paul, Minn., and M. W. Goldsworthy, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C., for the motion.

Stevens, Stevens & Maag and Llewellyn F. Wing, all of Minneapolis, Minn., opposed.


NORDBYE, District Judge.

The complaint states a good cause of action if this court has jurisdiction of an equitable action of this character against the United States. The United States cannot be sued without its consent. This court did have jurisdiction of the original action at law in which a judgment of dismissal was entered on April 1, 1930. That suit was brought to recover income and excess profit taxes which the plaintiff contends it had erroneously paid under...

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