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WELLS FARGO BANK & UNION TRUST CO. v. UNITED STATES

No. 30192.

115 F.Supp. 655 (1953)

WELLS FARGO BANK & UNION TRUST CO. v. UNITED STATES.

United States District Court N. D. California, S. D.

October 22, 1953.

Attorney(s) appearing for the Case

Valentine Brookes, San Francisco, Cal., and James A. Cobey, Merced, Cal., for plaintiff.

Lloyd H. Burke, U. S. Atty., San Francisco, Cal., H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe and Leland T. Atherton, Sp. Assts. to Atty. Gen., for defendant.

ROCHE, Chief Judge.

The plaintiff in this lawsuit, as executor of the estate of Ivey L. Borden, deceased, is seeking to recover federal excess profits taxes allegedly overpaid by Victoria Land Company for the years 1941, 1942, and 1943 to the total amount of $164,834.70 net, exclusive of interest. In each case, a claim for refund was made and denied by the government. It is the plaintiff's contention that Victoria Land Company acquired the properties of a predecessor...

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