RAYFIEL, District Judge.
The plaintiff sues under Sec. 1346(a) (1) of Title 28 U.S.Code, to recover certain manufacturer's excise taxes which, it claims, were illegally and erroneously collected from it for the taxable years October 1, 1950 to September 30, 1954.
The facts, which were stipulated by the parties, are as follows:
The plaintiff, a corporation organized in 1935 under the laws of the State of New York, has since been engaged in the business...
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