CHASE CANDY COMPANY v. UNITED STATES

No. 350-52.

126 F.Supp. 521 (1954)

CHASE CANDY COMPANY, a Corporation, v. The UNITED STATES.

United States Court of Claims.

November 30, 1954.


Attorney(s) appearing for the Case

George C. Willson, III, St. Louis, Mo., Willson, Cunningham & McLellan, St. Louis, Mo., for plaintiff.

Philip R. Miller, Washington, D. C., H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe, Washington, D. C., on the briefs, for defendant.

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


LITTLETON, Judge.

Plaintiff sues to recover $368,989.88 corporate income taxes alleged to have been overpaid for the fiscal year ending June 30, 1947.

Defendant has moved for summary judgment under Rule 51 on the ground that the pleadings raise no genuine issue as to any material fact and that defendant is accordingly entitled to judgment as a matter of law.

In its amended petition plaintiff has alleged in substance the following facts. On December...

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