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GRAF v. UNITED STATES

No. 43347.

24 F.Supp. 54 (1938)

GRAF v. UNITED STATES.

Court of Claims.

July 5, 1938.

Attorney(s) appearing for the Case

Hamel, Park & Saunders, of Washington, D. C., for plaintiff.

Daniel F. Hickey, of Washington, D. C., and James W. Morris, Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the brief), for the United States.

Before BOOTH, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHALEY, Judges.

PER CURIAM.

Plaintiff brings this suit for a refund of taxes paid. The petition shows that the claim for refund was disallowed June 7, 1934, and the petition herein was filed June 8, 1936—one day after the two-year period prescribed by law for filing. The last day of such period fell upon Sunday, and the only question in the case is whether this fact entitled plaintiff to file the petition on the day following.

The contention of the plaintiff is that...

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