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NEW YORK TRUST CO. v. UNITED STATES

14 F.Supp. 1012 (1936)

NEW YORK TRUST CO. v. UNITED STATES.

District Court, S. D. New York.

May 6, 1936.

Attorney(s) appearing for the Case

Putney, Twombly & Hall, of New York City, for petitioner.

Lamar Hardy, U. S. Atty., of New York City (George B. Schoonmaker, Asst. U. S. Atty., of New York City, of counsel), for the United States.

PATTERSON, District Judge.

The suit is brought under the Tucker Act, 28 U.S.C.A. § 41 (20). The respondent has made a motion to dismiss the petition for want of jurisdiction and for insufficiency to set forth a cause of action.

The petition is in two counts; each of them being to recover the sum of $44,433.09 alleged to have been overpaid by the petitioner's decedent, one Leslie, as income tax for the year 1917. The first count alleges that the overpayment...

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