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WEST VIRGINIA PULP & PAPER CO. v. BOWERS

11 F.Supp. 546 (1935)

WEST VIRGINIA PULP & PAPER CO. v. BOWERS.

District Court, S. D. New York.

April 12, 1935.

Attorney(s) appearing for the Case

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (Montgomery B. Angell and Marvin Lyons, both of New York City, of counsel), for plaintiff.

Martin Conboy, U. S. Atty., of New York City (Leon E. Spencer, of New York City, of counsel), for defendant.

PATTERSON, District Judge.

The action is brought to recover an alleged overpayment of income tax for the year 1917, in the amount of $262,312.26. The motion is by the defendant for judgment on the pleadings, and is based on the amended complaint, the answer, the reply, and a bill of particulars furnished relative to the allegations in the reply. The defendant urges that the plaintiff has made admissions in its pleadings that throw the case out of court.

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