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CREME MANUFACTURING COMPANY, INC. v. UNITED STATES

Civ. A. No. 4969.

348 F.Supp. 270 (1972)

CREME MANUFACTURING COMPANY, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E. D. Texas, Tyler Division.

September 8, 1972.

Attorney(s) appearing for the Case

Allen E. Pye, J. Robert Dobbs, Jr., Tyler, Tex., for plaintiff.

Scott P. Crampton, Asst. Atty. Gen., Howard A. Weinberger, Jerry A. Wells, Dept. of Justice, Dallas, Tex., for defendant.

MEMORANDUM OPINION

JOE J. FISHER, Chief Judge.

Invoking the jurisdiction of this Court pursuant to 28 U.S.C. § 1346(a)(1), Plaintiff Creme Manufacturing Company, Inc. instituted this suit for a refund of $2,478.87 plus interest, which had been paid in part satisfaction of federal excise taxes during the relevant period of July 1, 1964, through December 31, 1968. The Government counterclaimed for $139,399.74 in additional federal excise taxes, penalties...

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