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ST. JOSEPH LEAD COMPANY v. UNITED STATES

190 F.Supp. 637 (1960)

ST. JOSEPH LEAD COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

Motion by the Government for Reconsideration February 16, 1961.

Attorney(s) appearing for the Case

Debevoise, Plimpton & McLean, New York City, for plaintiff, D. Bret Carlson, New York City, and Carl J. Marold, Boston, Mass., of counsel.

S. Hazard Gillespie, Jr., U. S. Atty., for Southern Dist. of New York, New York City, for defendant, Arthur V. Savage, New York City, Mildred L. Seidman, Atty., Dept. of Justice, Washington, D. C., of counsel.

PALMIERI, District Judge.

Plaintiff has brought this motion for summary judgment; defendant has cross-moved for an order dismissing the amended complaint to the extent that it seeks a refund in excess of a stated amount. The single disputed issue is whether plaintiff's amended claim for refund for the year 1949, filed after the expiration of the applicable period of limitations on refund claims for that year,

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