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WEST VIRGINIA PULP & PAPER CO. v. McELLIGOTT

Nos. L 65-141, L 65-147, L 65-148.

40 F.Supp. 765 (1941)

WEST VIRGINIA PULP & PAPER CO. v. McELLIGOTT, Former Acting Collector of Internal Revenue. SAME v. SHEA. SAME v. EDWARDS, Former Collector of Internal Revenue.

District Court, S. D. New York.

July 31, 1941.

Attorney(s) appearing for the Case

R. B. Goodell, of New York City, for plaintiff.

Mathias F. Correa, U. S. Atty., of New York City (Clarence W. Roberts, Asst. U. S. Atty., of New York City, of counsel), for defendants.

BURKE, District Judge.

Here are three suits at law which have been consolidated. The plaintiff sues to recover income and profits taxes which it alleges were erroneously collected from it for its fiscal years ending October 31, 1918, 1919 and 1921. The suit against Richard J. McElligott is for the amount of $445,381.24, which alleged overpayment is for the fiscal year 1918. The suit against William H. Edwards is to recover the amount of $237,612.89, representing an...

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