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BRIDGE AUTO RENTING CORPORATION v. PEDRICK

No. 205, Docket 21265.

174 F.2d 733 (1949)

BRIDGE AUTO RENTING CORPORATION et al. v. PEDRICK. METROPOLITAN DISTRIBUTORS, Inc. v. JOHNSON.

United States Court of Appeals Second Circuit.

May 10, 1949.

Attorney(s) appearing for the Case

Weisman, Grant & Jaffe, of New York City (Herman L. Weisman and James B. Liberman, both of New York City, of counsel), for plaintiffs-appellants.

John F. X. McGohey, U. S. Atty., for the Southern District of New York, of New York City (Henry L. Glenn and John M. Cunneen, Asst. U. S. Attys., both of New York City, of counsel), for defendants-appellees.

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

CHASE, Circuit Judge.

These cases, which were consolidated for trial below, were brought to recover transportation taxes assessed under § 3475 of the Internal Revenue Code 26 U.S.C.A. § 3475, and paid to collectors within the Southern District of New York. The statutory conditions precedent to bringing the actions have all been complied with and the sole issue now is whether the taxes may be recovered. The district court dismissed the complaints on the merits...

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