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SAFEWAY STORES, INCORPORATED v. UNITED STATES

No. 368-60.

310 F.2d 742 (1962)

SAFEWAY STORES, INCORPORATED, v. The UNITED STATES.

United States Court of Claims.

December 5, 1962.

Attorney(s) appearing for the Case

Laurence F. Casey, New York City, for plaintiff. Brown, Wood, Fuller, Caldwell & Ivey, New York City, were on the briefs.

Cynthia Holcomb, Washington, D. C., with whom was Asst. Atty. Gen., Louis F. Oberdorfer for defendant. Edward S. Smith, Lyle M. Turner and Philip R. Miller, Washington, D. C., were on the brief.

DURFEE, Judge.

This is a suit to recover refund of Federal documentary stamp taxes paid by plaintiff in the amount of $69,300 with statutory interest from date of payment on November 5, 1956. On that date, plaintiff issued certain debentures and to secure payment thereof, also executed a trust indenture as security to the Chase National Bank of New York as trustee. By this transaction, plaintiff substituted these debentures and indenture for previous similar documents...

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