UNITED STATES v. YERGER

No. 2704.

55 F.Supp. 521 (1944)

UNITED STATES v. YERGER.

District Court, E. D. Pennsylvania.

March 23, 1944.


Attorney(s) appearing for the Case

Gerald A. Gleeson, U. S. Atty., and Thomas J. Curtin, Asst. U. S. Dist. Atty., both of Philadelphia, Pa., and F. A. Michels, Department Justice, of Washington, D. C., for plaintiff.

Andrew B. Young, David P. Brown, Jr., Leighton P. Stradley, and Stradley, Ronon, Stevens & Young, all of Philadelphia, Pa., for defendant.


WELSH, District Judge.

This action is brought by the United States to recover taxes alleged to have been erroneously refunded. The facts upon which the suit is based are set forth in a stipulation of the parties and they are adopted as the findings of the court. Only those essential to indicate the issue need be repeated.

On April 3, 1913, the members of a partnership, which had developed an improved method of preparing type metal, formed a corporation and...

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