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LYETH v. HOEY

27 F.Supp. 9 (1939)

LYETH v. HOEY, Collector of Internal Revenue.

District Court, S. D. New York.

March 10, 1939.

Attorney(s) appearing for the Case

Carter, Ledyard & Milburn, of New York City (J. M. Richardson Lyeth and Allin Hugh Pierce, both of New York City, of counsel), for plaintiff.

Gregory F. Noonan, U. S. Atty., of New York City (George B. Schoonmaker, Asst. U. S. Atty., of New York City, of counsel), for defendant.

COXE, District Judge.

This is a companion suit to Lyeth v. Hoey, decided by the Supreme Court on December 5, 1938, 305 U.S. 188, 59 S.Ct. 155, 83 L.Ed. 119, 119 A.L.R. 410. The plaintiff is the brother of Munro L. Lyeth, the plaintiff in the former suit. He seeks to recover an overpayment of income taxes for the year 1933, amounting to $65,030.87. This overpayment was made by the plaintiff on Oct. 16, 1936.

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