SANBORN, Circuit Judge.
This is an appeal from a summary judgment entered under Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A., in favor of the plaintiff (appellee) in an action to recover alleged overpayments of income taxes for the fiscal years ending January 31, 1944, January 31, 1945, and January 31, 1946. Claims for refund of the asserted overpayments had been duly filed and rejected.
In his complaint the plaintiff alleged that during the years...
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