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UNITED TRANSIT COMPANY v. UNITED STATES

Civ. A. No. 2068.

158 F.Supp. 856 (1957)

UNITED TRANSIT COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court M. D. Tennessee, Nashville Division.

March 7, 1957.

Attorney(s) appearing for the Case

Carmack Cochran, Nashville, Tenn., for plaintiff.

Charles K. Rice, Jas. P. Garland and Leland T. Atherton, Dept. of Justice, Washington, D. C.; and Fred Elledge, Jr., U. S. Dist. Atty., Nashville, Tenn., for defendant.

WILLIAM E. MILLER, District Judge.

Plaintiff, a corporation incorporated under the laws of Delaware but domesticated and doing business in Tennessee, sues the United States under 28 U.S.C.A. § 1346(a) (1), to recover income taxes alleged to have been erroneously and illegally assessed and collected for the year 1949.

Although the plaintiff conducts its business in Tennessee and filed its income tax returns for the year 1949 and preceding years with the...

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