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AMERICAN LIGHT & TRACTION CO. v. HARRISON

No. 8368.

142 F.2d 639 (1944)

AMERICAN LIGHT & TRACTION CO. v. HARRISON, Collector of Internal Revenue.

Circuit Court of Appeals, Seventh Circuit.

May 13, 1944.

Attorney(s) appearing for the Case

A. F. Prescott, Sp. Asst. to Atty. Gen., John B. Stephan, Asst. U. S. Atty., of Chicago, Ill., Samuel O. Clark, Jr., Sewall Key, and Homer R. Miller, all of Washington, D. C., and J. Albert Woll, U. S. Atty., of Chicago, Ill., for appellant.

Ellsworth C. Alvord and Floyd F. Toomey, both of Washington, D. C., and Thos K. Humphrey, of Chicago, Ill., for appellee.

Before EVANS, SPARKS, and KERNER, Circuit Judges.

KERNER, Circuit Judge.

Plaintiff brought this action to recover $251,053.55 in income taxes admittedly overpaid for 1933. Although he admitted every allegation of fact contained in plaintiff's complaint, defendant endeavored to defeat recovery by affirmatively pleading that plaintiff had underpaid its taxes for 1928 by $342,180.50, the collection of which was barred by the statute of limitations. On being submitted to the court on a stipulation of facts, judgment...

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