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KENTILE, INC. v. UNITED STATES

Civ. No. 17781.

155 F.Supp. 841 (1957)

KENTILE, Inc., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. New York.

October 11, 1957.

Attorney(s) appearing for the Case

Trachman & Krosner, New York City, for plaintiff, Irving R. Krosner, New York City, of counsel.

John N. Stull, Acting Asst. Atty. Gen.,

James P. Garland, George Elias, Jr., Attys., Dept. of Justice, Washington, D. C., Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y., Robert C. Carey, Asst. U. S. Atty., Brooklyn, N. Y., for defendant.

BRUCHHAUSEN, District Judge.

The plaintiff herein moves for summary judgment in its favor in the sum of $10,032.15, alleged to have been erroneously levied and collected by the defendant for Documentary Stamp Taxes.

The question herein is whether transfers by the defendant corporation from its surplus account to its capital account, unaccompanied by the issue of new or additional shares to its stockholders, are...

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