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NASHUA & L. R. CORPORATION v. WELCH

Nos. 7282-7284.

33 F.Supp. 684 (1940)

NASHUA & L. R. CORPORATION v. WELCH (three cases).

District Court, D. Massachusetts.

February 20, 1940.

Attorney(s) appearing for the Case

Hutchins & Wheeler and Jay B. Angevine, all of Boston, Mass., for plaintiff.

Edmund J. Brandon, U. S. Atty., and C. Keefe Hurley, Asst. U. S. Atty., both of Boston, Mass., Samuel O. Clark, Jr., Asst. Atty. Gen., and Andrew D. Sharpe and Edward First, Sp. Assts. to Atty. Gen., for defendant.

McLELLAN, District Judge.

These three actions are for the recovery of capital stock taxes paid by the plaintiff to the defendant. The taxes were exacted for the years ending June 30, 1933, 1934 and 1935. The only issue, as the parties concede, is whether the plaintiff was "carrying on or doing business" within the meaning of those words as used in Section 215 of the National Industrial Recovery Act, 48 Stat. 207, which...

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