American Fidelity and Casualty Company, Inc. v. The London and Edinburgh Insurance Company, Limited, and the Dominion Insurance Company, Limited

J. SPENCER BELL, Circuit Judge:

The American Fidelity Insurance Company seeks to recover the sum of $47,-333.11 alleged to be due it by way of reimbursement of Federal Reinsurance Taxes paid pursuant to a reinsurance treaty with The London and Edinburgh Insurance Company and The Dominion Insurance Company, The latter two companies being foreign, federal stamp taxes were payable on the reinsurance premiums. 26 U.S.C.A. § 4371. This tax is payable by any of the parties to a taxable transaction. Treas.Reg. § 47.4384.1. Upon cross motions for summary judgment the district court granted the motion…