LYNNE, Chief Judge.
This action for the recovery of income taxes in the amount of $6,902.68, together with interest as allowed by statute, alleged to have been erroneously paid by plaintiff for its fiscal year ending January 31, 1950, was submitted for the final judgment of the court, without the intervention of a jury, on the pleadings and the proof, consisting of plaintiff's Rule 36, 28 U.S.C.A., written request for admissions, defendant's admissions in response...
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