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WM. FILENE'S SONS CO. v. WHITE

Nos. 7075, 7076.

30 F.Supp. 414 (1939)

WM. FILENE'S SONS CO. v. WHITE, Former Collector of Internal Revenue (two cases).

District Court, D. Massachusetts.

December 8, 1939.

Attorney(s) appearing for the Case

Allison L. Newton (of Nutter, McClennen & Fish), of Boston, Mass., for plaintiff.

J. Leonard Lyons, Sp. Asst. to Atty. Gen. (C. Keefe Hurley, Asst. U. S. Atty., and Edmund J. Brandon, U. S. Atty., both of Boston, Mass., Samuel O. Clark, Jr., Asst. Atty. Gen., and Andrew D. Sharpe, Sp. Asst. to Atty. Gen., on the brief), for defendant.

SWEENEY, District Judge.

These are two actions to recover excise taxes alleged to have been improperly collected and retained by the defendant. All payments, returns, claims for refund and other action prerequisite to this suit have been duly made and filed in due season, and the proper time has elapsed after the filing of such claims to enable the plaintiff to sue. Since both actions are identical (except for the commodities...

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