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RAILROAD FEDERAL SAV. & LOAN ASS'N v. UNITED STATES

No. 173.

135 F.2d 290 (1943)

RAILROAD FEDERAL SAVINGS & LOAN ASS'N v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

April 15, 1943.

Attorney(s) appearing for the Case

Grant & Wefer, of New York City (Floyd M. Grant, of New York City, of counsel), for appellant.

Mathias F. Correa, U. S. Atty., of New York City (Joseph C. Kenney, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

This is an action to recover alleged over-payments of stamp taxes paid by the plaintiff on real estate conveyances received by it during the years 1932 to 1937 inclusive. The plaintiff's business is the loaning of money on the security of bonds and mortgages covering real property occupied by home owners in the vicinity of New York City. During the years in question numerous mortgages held by the plaintiff were in default; in some instances it...

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