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RUBEL CORPORATION v. RASQUIN

No. 25.

132 F.2d 640 (1943)

RUBEL CORPORATION v. RASQUIN et al.

Circuit Court of Appeals, Second Circuit.

January 7, 1943.

Attorney(s) appearing for the Case

Yellin & Levy, of New York City (George F. von Kolnitz, Jr., of Washington, D. C., of counsel), for plaintiff-appellant.

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, Samuel H. Levy, and Clarence E. Dawson, Sp. Asst. to Atty. Gen., and Harold M. Kennedy, U. S. Atty., and Frank J. Parker, Asst. U. S. Atty., both of Brooklyn, N. Y., for appellee.

Before SWAN, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The plaintiff sued in the District Court for the Eastern District of New York to recover in one suit for each year income taxes paid for the fiscal years ended March 31, 1926, 1927, 1928 and 1929 respectively. The defendant moved to dismiss the complaint in each action on the ground, among others, that § 284(d) of the Revenue Act of 1926, 26 U.S.C.A. Int.Rev.Code § 322 (c) (2, 3), barred the suit. All those motions were granted and...

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