AMERICAN SECURITY & TRUST CO. v. DISTRICT OF COLUMBIA

No. 45-50.

91 F.Supp. 713 (1950)

AMERICAN SECURITY & TRUST CO. v. DISTRICT OF COLUMBIA.

United States District Court District of Columbia.

June 20, 1950.


Attorney(s) appearing for the Case

G. B. Craighill and Llewellyn C. Thomas, of Washington, D. C., for plaintiff.

Vernon West and Harry L. Walker, of Washington, D. C., for defendant.


MATTHEWS, District Judge.

The plaintiff bank seeks recovery of taxes allegedly paid by it involuntarily after such taxes were illegally or erroneously assessed by the District of Columbia over and above the amount actually due. The District of Columbia seeks dismissal of the complaint on the ground that the taxes were paid voluntarily and hence that the court is without jurisdiction to grant the plaintiff any relief, the common law rule being that the taxpayer cannot...

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