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SUN-HERALD CORPORATION v. DUGGAN

15 F.Supp. 415 (1936)

SUN-HERALD CORPORATION v. DUGGAN, Collector of Internal Revenue.

District Court, S. D. New York.

May 25, 1936.

Attorney(s) appearing for the Case

de Forest, Cullom & Elder, of New York City, for plaintiff.

Lamar Hardy (by Clarence W. Roberts), both of New York City, for defendant.

BONDY, District Judge.

This is a motion to dismiss the third amended complaint in an action brought to recover income taxes alleged to have been unlawfully exacted and collected from the plaintiff by the collector of internal revenue in the amounts of $17,285, November 28, 1930, and $18,493.24 July 7, 1931. The motion is made on the ground that the complaint does not state facts sufficient to constitute a cause of action.

The Circuit Court of Appeals,

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