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G. D. SEARLE & CO. v. JARECKI

No. 12747.

274 F.2d 129 (1960)

G. D. SEARLE & CO., Plaintiff-Appellant, v. John T. JARECKI, former Collector of Internal Revenue, and Ernest J. Sauber, former Collector of Internal Revenue and former District Director of Internal Revenue, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

January 27, 1960.

Attorney(s) appearing for the Case

Walter J. Cummings, Jr., Chicago, Ill., Edwin C. Austin, Middleton Miller, William M. McGovern, Jr., Chicago, Ill., Sidley, Austin, Burgess & Smith, Chicago, Ill., of counsel, for appellant.

Charles K. Rice, Asst. Atty. Gen., Tax Division, Harry Marselli, Lee A. Jackson, I. Henry Kutz, Carter Bledsoe, Attorneys, Department of Justice, Washington, D. C., Robert Tieken, U. S. Atty., Chicago Ill., for appellee.

Before MAJOR, SCHNACKENBERG and CASTLE, Circuit Judges.

CASTLE, Circuit Judge.

G. D. Searle & Co., plaintiff-appellant, referred to as taxpayer, instituted this action to recover excess profits taxes in the total amount of $3,638,238.82, plus interest, which amount it alleges was erroneously and illegally assessed and collected by the Government for the calendar years 1950, 1951, and 1952. The District Court dismissed the suit on motion for summary judgment filed by the Government. The taxpayer appealed contending...

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