BATES MFG. CO. v. UNITED STATES

No. 3580.

19 F.Supp. 526 (1937)

BATES MFG. CO. v. UNITED STATES.

District Court, D. Massachusetts.

June 18, 1937.


Attorney(s) appearing for the Case

Charles B. Rugg, Ropes, Gray, Boyden & Perkins, and Edward A. Counihan, Jr., all of Boston, Mass., and E. H. Maxcy, of Augusta, Me., for plaintiff.

Francis J. W. Ford, U. S. Atty., and Arthur L. Murray, Sp. Asst. to the U. S. Atty., both of Boston, Mass., James W. Morris, Asst. Atty. Gen., and Andrew D. Sharpe and Arthur P. Curran, Sp. Assts. to the Atty. Gen.


SWEENEY, District Judge.

In this suit, which is for the recovery of federal excess profits and income taxes alleged to have been erroneously assessed and collected by the United States, the government first filed a general denial, and later filed a motion to dismiss, basing that motion upon the question of jurisdiction.

Claims for refund of the taxes paid were seasonably filed with the Commissioner of Internal Revenue, and were rejected on March 22, 1927....

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