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MIDPOINT REALTY CO. v. UNITED STATES

No. 43130.

30 F.Supp. 691 (1940)

MIDPOINT REALTY CO., Inc., v. UNITED STATES.

Court of Claims.

Decided January 8, 1940.

Attorney(s) appearing for the Case

Ellsworth C. Alvord and Floyd F. Toomey, both of Washington, D. C. (Alvord & Alvord, of Washington, D. C., on the brief), for plaintiff.

George H. Foster, of Washington, D. C., and Samuel O. Clark, Jr., Asst. Atty. Gen. (Robert N. Anderson and Fred. K. Dyar, Sp. Assts. to Atty. Gen., on the brief), for defendant.

Before WHALEY, Chief Justice, GREEN, LITTLETON, WILLIAMS, and WHITAKER, Judges.

WHITAKER, Judge.

It is not controverted that the plaintiff overpaid its taxes for 1924 in the amount of $9,215.62. Of this amount $3,837.77 has been refunded, but the defendant denies liability for the balance on the ground that a timely claim for the refund thereof was not filed. Payments were made as follows: $4,000 on March 13, 1925; $3,677.78 on June 15, 1925; $3,840 on September 14, 1925, and $3,837.77 on December 10, 1925. To entitle plaintiff to recover, a...

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