UNITED STATES v. C. E. MATHEWS, INC.

No. 17354.

263 F.2d 814 (1959)

UNITED STATES of America, Appellant, v. C. E. MATHEWS, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

February 19, 1959.


Attorney(s) appearing for the Case

Meyer Rothwacks, Louise Foster, A. F. Prescott, Dept. of Justice, Washington, D. C., O. B. Cline, Jr., Asst. U. S. Atty., Miami, Fla., Lee A. Jackson, Atty., Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., James L. Guilmartin, U. S. Atty., Miami, Fla., for appellant.

Harry Friedman, Washington, D. C., Bernard R. Fleisher, New York City, for appellee.

Before TUTTLE, JONES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

This simple case presents an even simpler question: does a Federal statute authorizing the Government's suit to recapture a tax refund which was untimely made mean what it says? The District Court, without so much as mentioning the statute or its bare citation, presumably thought not. In any case, by its opinion, recovery was to be determined by equitable, not statutory considerations. We disagree.

The facts, or at least all of...

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