BARD, District Judge.
This case is before the Court on the defendant's motion for summary judgment, filed pursuant to the provisions of Rule 56 (b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. There is no factual issue concerned, the sole question being whether the plaintiffs are entitled, under the facts, to a refund of 2% normal income tax paid for the years 1933, 1934, 1935, 1936 and 1937. The amount involved is $1,217.85, with statutory...
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