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EXXON CORP. v. U.S.

No. 90-5152.

931 F.2d 874 (1991)

EXXON CORPORATION, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 30, 1991.

Attorney(s) appearing for the Case

Robert L. Moore, II of Miller & Chevalier, Washington, D.C., argued for plaintiff-appellee. Of counsel were Jennings T. Smith, of the Exxon Corp., Irving, Texas, John B. Magee, Gerald Goldman, Thomas D. Johnston, J. Bradford Anwyll, and Anthony F. Shelley, of Miller & Chevalier.

Mildred L. Seidman of the Tax Div., Dept. of Justice, Washington, D.C., argued for defendant-appellant. With her on the brief were Shirley D. Peterson, Asst. Atty. Gen., Gary R. Allen and Jonathan S. Cohen, attys.

Before MAYER, MICHEL and LOURIE, Circuit Judges.

MICHEL, Circuit Judge.

The United States appeals the July 13, 1990 judgment of the United States Claims Court awarding to Exxon Corporation (Exxon) a refund of income tax and interest it had paid for tax year 1960. See Exxon Corp. v. United States, 19 Cl.Ct. 755 (1990) (opinion prior to entry of final judgment). Because Chief Judge Smith was permitted, on remand, to revisit and revise the finding of ultimate fact made by the predecessor trial judge, former...

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