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UNITED STATES v. HEILBRONER

No. 20.

100 F.2d 379 (1938)

UNITED STATES v. HEILBRONER.

Circuit Court of Appeals, Second Circuit.

December 5, 1938.

Attorney(s) appearing for the Case

Maass & Davidson, of New York City (Herbert H. Maass and David J. Levy, both of New York City, and Andrew B. Trudgian, of Washington, D. C., of counsel), for appellant.

Lamar Hardy, U. S. Atty., of New York City (Richard Delafield and Robert L. Werner, Asst. U. S. Attys., both of New York City, of counsel), for the United States.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The above action was brought by the United States to recover from the defendant Helen W. Heilbroner the amount of certain taxes paid by her on her income for the year 1931 and afterwards refunded by the government. The court directed a verdict in favor of the plaintiff for $4,525.19 (the amount refunded) together with interest and costs, and from the judgment entered thereon the defendant has taken this appeal.

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