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WYKER v. WILLINGHAM

No. 5399.

55 F.Supp. 105 (1944)

WYKER v. WILLINGHAM, Collector of Internal Revenue.

District Court, N.D. Alabama, S.D.

March 22, 1944.

Attorney(s) appearing for the Case

Erle Pettus (of Jackson, Rives & Pettus), of Birmingham, Ala., for plaintiff.

Jim C. Smith, U.S. Atty., of Birmingham, Ala., for defendant.

MULLINS, Distict Judge.

This cause is submitted upon the defendant's motion to dismiss the action. The motion is made under rule 12(b), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, upon the grounds (1) that this court does not have jurisdiction over either the subject-matter or the person of the defendant and (2) that the claim sued upon is barred by the statute of limitation of two years.

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