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C. A. DURR PACKING CO. v. SHAUGHNESSY

Civ. No. 2779.

81 F.Supp. 33 (1948)

C. A. DURR PACKING CO., Inc. v. SHAUGHNESSY.

United States District Court N. D. New York.

July 23, 1948.

Attorney(s) appearing for the Case

Ferris, Burgess, Hughes & Dorrance, of Utica (Russell Dunmore, of Utica, of counsel), for plaintiff.

Irving J. Higbee, U. S. Atty., of Syracuse, and Ruppert Bingham, Sp. Asst. to Atty. Gen. (Edmond Port, of Syracuse, of counsel), for defendant.

BRENNAN, Chief Judge.

The plaintiff seeks a money judgment which represents an alleged overpayment of income taxes in the amount of $5,301, paid by the plaintiff in accordance with its income tax return filed for the fiscal year ending October 31, 1940.

The facts are undisputed, and will be briefly outlined.

The plaintiff (hereinafter called "Durr"), has been engaged for a number of years in the processing of meat at Utica, New York. At all times referred...

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