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HART GLASS MFG. CO. v. UNITED STATES

No. 7442.

118 F.2d 828 (1941)

HART GLASS MFG. CO. v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

March 27, 1941.

Attorney(s) appearing for the Case

Samuel O. Clark, Jr., and Lee A. Jackson, Asst. Attys. Gen., James R. Fleming, U. S. Atty., of Fort Wayne, Ind., and Luther M. Swygert, Asst. U. S. Atty., of Hammond, Ind., for appellant.

Forman D. McCurdy and Frank C. Olive, both of Indianapolis, Ind., for appellee.

Before EVANS and SPARKS, Circuit Judges, and WOODWARD, District Judge.

WOODWARD, District Judge.

This is an appeal from the judgment of the District Court in favor of plaintiff for $10,000 and interest, based upon a certificate of overassessment issued by the Commissioner of Internal Revenue showing that plaintiff had overpaid its 1918 taxes in the sum of $11,500.63. The suit was brought to recover $10,000 apparently on the theory that the District Court was without jurisdiction to entertain a suit to recover a greater sum under the...

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