RODGERS v. UNITED STATES

No. 50311.

108 F.Supp. 727 (1952)

RODGERS v. UNITED STATES.

United States Court of Claims.

December 2, 1952.


Attorney(s) appearing for the Case

W. Gardner Boone, Memphis, Tenn., for plaintiff. Canale, Glanker, Little, Boone & Loch, Memphis, Tenn., were on the briefs.

Elizabeth B. Davis and John E. Garvey, Washington, D. C., with whom was Asst. Atty. Gen. Charles S. Lyon, for defendant. Andrew D. Sharpe and Ellis N. Slack, Washington, D. C., were on the brief.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.


JONES, Chief Judge.

Plaintiff's petition sets forth a claim for refund of an amount allegedly wrongfully collected from plaintiff by the Commissioner of Internal Revenue as interest upon a deficiency in plaintiff's income tax for the year 1944.

Subsequent to defendant's answer plaintiff filed a motion for judgment on the pleadings. Defendant thereafter amended its answer and filed a motion for summary judgment, together with affidavits in support of the motion...

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