O'BRIEN, District Judge.
This case was submitted on the agreed statement of facts. Paragraph XXVI, the last paragraph of such agreed statement of facts, contains the following stipulation:
"The admitted facts herein disclose that to some extent taxes for certain of the years in suit were overpaid. They also show that the taxes were paid on assessments regularly certified by the Commissioner to the defendant. It is agreed that when the extent of overpayment...
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