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EMPIRE TRUST CO. v. HOEY

18 F.Supp. 475 (1937)

EMPIRE TRUST CO. v. HOEY.

District Court, S. D. New York.

February 20, 1937.

Attorney(s) appearing for the Case

Hughes, Schurman & Dwight, of New York City (Francis C. Reed, of New York City, of counsel), for plaintiff.

Lamar Hardy, U. S. Atty., of New York City (William F. Young, of New York City, of counsel), for defendant.

COXE, District Judge.

This is a motion to dismiss a complaint for insufficiency.

The action is to recover $16,152.13 alleged to have been wrongfully collected as original issue taxes on Independence Fund Trust certificates issued during the period from June 21, 1932, to February 14, 1935; and the single question presented is whether these certificates are taxable as having a "par or face value," or as being "without par or face value."

The taxes were...

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