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UNIVERSAL FILM EXCHANGES, INC. v. UNITED STATES

230 F.Supp. 518 (1964)

UNIVERSAL FILM EXCHANGES, INC., Plaintiff, v. UNITED STATES of America, Defendant (two cases).

United States District Court S. D. New York.

April 23, 1964.

Attorney(s) appearing for the Case

Adolph Schimel, New York City, for plaintiff, Gardner, Morrison & Rogers, Washington, D. C., of counsel, by Thomas J. Beddow, Meade C. Patrick, Washington, D. C.

Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York for United States of America, Rober Arum, Asst. U. S. Atty., of counsel.

LEVET, District Judge.

The plaintiff-taxpayer, Universal Film Exchanges, Inc., seeks by these actions to recover the identical sum, $7,357.06, as interest allegedly due it on a payment of $16,230 made by the Commissioner on June 25, 1957, pursuant to Sections 780 and 781, Int.Rev.Code of 1939.1

The actions represent but separate theories to recover the identical sum. The first, 62 Civ. 3059, is based on the contention that on June...

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