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JOYCE v. UNITED STATES

No. 45734.

48 F.Supp. 520 (1943)

JOYCE v. UNITED STATES.

Court of Claims.

February 1, 1943.

Attorney(s) appearing for the Case

H. J. Crawford, of Cleveland, Ohio, Roger Hinds, of New York City, and John A. Duncan and Squire, Sanders & Dempsey, all of Cleveland, Ohio, for plaintiff.

John A. Rees, of Washington, D. C., and Samuel O. Clark, Jr., Asst. Atty. Gen., for defendant.

PER CURIAM.

The plaintiff sues to recover income taxes alleged to have been erroneously collected for the year 1934. The defendant on September 16, 1942, filed a plea alleging that at the time this suit was filed and ever since there has been pending against Frank F. Gentsch, Collector of Internal Revenue at Cleveland, Ohio, a suit on the same cause of action and that when the cause of action arose the said Gentsch was acting under the authority of the United States...

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