SCHOONMAKER, District Judge.
By this action filed April 11, 1938, plaintiff seeks to recover $1,314.92, representing manufacturers' excise tax alleged to have been erroneously assessed and collected under Section 606(c) of the Revenue Act of 1932, 26 U.S.C.A. end of c. 20.
Defendant filed an affidavit of defense under the Pennsylvania Practice Act, 12 P.S.Pa. § 382 et seq., raising questions of law, which is the equivalent of a motion to dismiss for failure...
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