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UNITED STATES v. WURTS

No. 6326.

91 F.2d 547 (1937)

UNITED STATES v. WURTS.

Circuit Court of Appeals, Third Circuit.

July 13, 1937.

Attorney(s) appearing for the Case

James W. Morris, Asst. Atty. Gen., Sewall Key, Norman D. Keller, and Francis I. Howley, Sp. Assts. to Atty. Gen., and Joseph M. Jones, Chas. D. McAvoy, U. S. Atty., and Thos. J. Curtin, Asst. U. S. Atty., both of Philadelphia, Pa.

Sanford D. Beecher and Archibald T. Johnson, both of Philadephia, Pa. (Duane, Morris & Heckscher, of Philadelphia, Pa., of counsel), for appellee.

Before BUFFINGTON, THOMPSON, and BIGGS, Circuit Judges.

THOMPSON, Circuit Judge.

This is an appeal from a judgment of the District Court for the Eastern District of Pennsylvania. The United States brought suit, April 26, 1934, for the recovery of 1929 income taxes alleged to have been erroneously refunded to the taxpayer, appellee herein. The certificate of overassessment was issued to the appellee on March 15, 1932, but the check was not mailed until April 30, 1932. The District Court entered judgment for the appellee...

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