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DETROIT-MICHIGAN STOVE CO. v. UNITED STATES

No. 48600.

121 F.Supp. 892 (1954)

DETROIT-MICHIGAN STOVE CO. v. UNITED STATES.

United States Court of Claims.

June 8, 1954.

Attorney(s) appearing for the Case

Ralph W. Barbier, Detroit, Mich., for plaintiff. Raymond H. Berry, Roy M. Tolleson, Jr., and Barbier, McFarlane & Tolleson, Detroit, Mich., were on the briefs.

J. W. Hussey, Washington, D. C., with whom was Asst. Atty. Gen. H. Brian Holland, for defendant. Andrew D. Sharpe and Ellis N. Slack, Washington, D. C., were on the brief.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.

LITTLETON, Judge.

Plaintiff, Detroit-Michigan Stove Company, a Michigan corporation, brings this action to recover the sum of $87,742.08 with interest, representing excess profits tax for the calendar year 1943 alleged to have been wrongfully collected from plaintiff's predecessor corporation, A-B Stoves, Incorporated. Plaintiff acquired the assets and assumed the liabilities of this corporation April 25, 1945. This transaction is not in question. The issue presented...

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