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MIDVALE COMPANY v. THE UNITED STATES

No. 643.

124 F.Supp. 678 (1954)

The MIDVALE COMPANY, v. THE UNITED STATES.

United States Court of Claims.

October 5, 1954.

Attorney(s) appearing for the Case

Joseph H. Sheppard, Washington, D. C., for plaintiff. J. Marvin Haynes, N. Barr Miller, F. Eberhart Haynes, Oscar L. Tyree and Haynes & Miller, Washington, D. C., were on the briefs.

Edmund C. Grainger, Jr., Tuckahoe, N. Y., with whom was Asst. Atty. Gen. H. Brian Holland, for defendant. Andrew D. Sharpe, Washington, D. C., was on the brief.

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

LITTLETON, Judge.

The plaintiff, taxpayer, sues for $624,922.52, and interest provided by law, which amount represents excess profits taxes and deficiency interest paid by taxpayer for its taxable years 1940-1945, inclusive.1 The defendant and taxpayer move for judgment on the pleadings and since matters outside of the pleadings have been presented they are treated as motions for summary judgment...

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