Caswell v. United States

HALBERT, District Judge.

At a pre-trial hearing in this case, an order was entered requiring the parties to file memoranda dealing with the legal status of the refund claims filed by the plaintiff. The questions to be covered are:

1. May the supplemental refund claim, filed by plaintiff November 29, 1957, be related back to, and be treated as a permissible amendment to, the original refund claim filed by plaintiff on October 23, 1957; and

2. If the supplemental claim may be related back to, and be treated as a permissible amendment to, the original claim, to what extent may it be so related…