TOLERTON & WARFIELD COMPANY v. UNITED STATES

No. 284-58.

285 F.2d 124 (1961)

TOLERTON & WARFIELD COMPANY v. UNITED STATES.

United States Court of Claims.

January 18, 1961.


Attorney(s) appearing for the Case

Jack R. Miller, Dimmitt, Tex., for plaintiff.

Earl L. Huntington, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice for defendant. James P. Garland and Lyle M. Turner, Washington, D. C., were on the briefs.


WHITAKER, Judge.

This case is before the court on defendant's motion for summary judgment, based upon the allegation that the claim is barred by the statute of limitations.

Defendant's motion must be granted, and plaintiff's petition must be dismissed, notwithstanding the fact that it would appear that plaintiff has overpaid its taxes.

That plaintiff's claim is barred will be shown by the following statement of facts: The year involved is the year...

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