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STATEN ISLAND HYGEIA I. & C. STORAGE CO. v. UNITED STATES

No. L-5163.

9 F.Supp. 746 (1934)

STATEN ISLAND HYGEIA ICE & COLD STORAGE CO. v. UNITED STATES.

District Court, E. D. New York.

August 17, 1934.

Attorney(s) appearing for the Case

Benjamin Mahler, of New York City (Irving Levinson, of New York City, of counsel), for plaintiff.

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (A. D. Smith, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), and Frank J. Wideman, Asst. Atty. Gen. (Andrew D. Sharpe and E. E. Angevine, Sp. Assts. to Atty. Gen., of counsel), for the United States.

CAMPBELL, District Judge.

This case was brought on the law side of this court, under the provisions of section 24, par. 20, of the Judicial Code, as amended by the Act of February 24, 1925, c. 309, 43 Stat. 972 (28 USCA § 41 (20), to recover income and excess profits taxes alleged to have been overpaid by the plaintiff for the year 1918.

Such taxes were the result of an additional assessment levied by the Commissioner of Internal Revenue, and collected...

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