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PINK v. UNITED STATES

No. 246.

105 F.2d 183 (1939)

PINK, Superintendent of Insurance of New York, v. UNITED STATES. In re HOME TITLE INS. CO.

Circuit Court of Appeals, Second Circuit.

May 22, 1939.

Attorney(s) appearing for the Case

Satterlee & Green, of New York City (I. Herman Sher and Martin A. Meyer, Jr., both of New York City, of counsel), for plaintiff.

Vine H. Smith, U. S. Atty., of Brooklyn, N. Y., James W. Morris, Asst. Atty. Gen., and Sewall Key, J. Louis Monarch, and Paul R. Russell, Sp. Assts. to Atty. Gen., for the United States.

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

SWAN, Circuit Judge.

This is an action at law brought by the plaintiff, duly appointed pursuant to Article XI of the New York Insurance Law as rehabilitator of Home Title Insurance Company, to recover part of the sum paid by said Company as income taxes for the year 1927. It was tried by the court without a jury pursuant to subdivision 20 of section 24 of the Judicial Code as amended, 28 U.S.C.A. § 41(20). The district judge wrote an opinion and made findings...

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