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PENNSYLVANIA TURNPIKE COMMISSION v. McGINNES

Civ. A. No. 26783.

179 F.Supp. 578 (1959)

PENNSYLVANIA TURNPIKE COMMISSION v. Edgar A. McGINNES, District Director of Internal Revenue, Philadelphia, Manu-Mine Research & Development Company and Seaboard Surety Company.

United States District Court E. D. Pennsylvania.

December 22, 1959.

Attorney(s) appearing for the Case

Aaron M. Fine, Dilworth, Paxson, Kalish, Kohn & Dilks, Philadelphia, Pa., for plaintiff.

Walter E. Alessandroni, U. S. Atty., Michael L. Temin, Asst. U. S. Atty., Philadelphia, Pa., for defendant Edgar A. McGinnes.

Frederick G. McGavin, McGavin, DeSantis & Koch, Reading, Pa., for defendant Manu-Mine Research & Development Company.

S. Gordon Elkins, Daniel Mungall, Jr., Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for defendant Seaboard Surety Co.

CLARY, District Judge.

Petitioner, Pennsylvania Turnpike Commission, brought this suit in the Common Pleas Court of Philadelphia County to enjoin the District Director of Internal Revenue at Philadelphia from paying to respondent, Manu-Mine Research and Development Company, or its assignee, respondent Seaboard Surety Company, a tax refund of approximately $900,000. The complaint alleges that in 1956 Manu-Mine paid more than $1,000,000 on its 1955 Federal income tax...

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