CHAS. ABBATE CO. v. JARECKI

No. 56 C 1717.

172 F.Supp. 497 (1959)

CHAS. ABBATE CO., Plaintiff, v. John T. JARECKI, individually and as former Collector of Internal Revenue, and Ernest J. Sauber, individually and as former Acting Collector of Internal Revenue and as former District Director of Internal Revenue, Defendants.

United States District Court N. D. Illinois, E. D.

March 18, 1959.


Attorney(s) appearing for the Case

John B. Stephan, Chicago, Ill., for plaintiff.

Robert Tieken, U. S. Atty., Chicago, Ill., for defendants.


ROBSON, District Judge.

Motions for summary judgment have been filed by both plaintiff and defendants. They have entered into a stipulation of facts. By order Cause No. 57 C 1842, involving the same parties, had been consolidated with this action, but dismissed by stipulation on September 19, 1958.

The stipulation states that plaintiff, an Illinois corporation, seeks a refund of taxes levied under Section 3475(a) of the Internal Revenue Code of 1939, 26 U...

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