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UNITED STATES PIPE AND FOUNDRY CO. v. UNITED STATES

No. 510-52.

155 F.Supp. 231 (1957)

UNITED STATES PIPE AND FOUNDRY CO. v. The UNITED STATES.

United States Court of Claims.

October 9, 1957.

Attorney(s) appearing for the Case

H. Cecil Kilpatrick, Washington, D. C., for plaintiff. Kilpatrick, Ballard & Beasley, Washington, D. C., and White, Bradley, Arant, All & Rose, Birmingham, Ala., were on the brief.

Herbert S. Fessenden, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for the defendant. James P. Garland, Washington, D. C., was on the brief.

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

LITTLETON, Judge.

The plaintiff sues to recover from the defendant interest alleged to be due it on overpayments of income and excess profits taxes for 1941 and 1942 in the amount of $22,341.01. Defendant in its brief and on oral argument concedes that $10,223.38 of the amount sought is properly payable to plaintiff. We, therefore, will omit any reference to this portion of the claim.

The facts necessary to a determination respecting the validity of the claim...

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