WATERMAN-BIC PEN CORPORATION v. UNITED STATES


223 F.Supp. 35 (1963)

WATERMAN-BIC PEN CORPORATION, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

October 22, 1963.


Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for plaintiff. Leon Alexandroff, Neil A. Pollio, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, for the United States, Robert Arum, Asst. U. S. Atty., of counsel.


LEVET, District Judge.

Both the plaintiff and defendant move for summary judgment in this action for refund of federal excise taxes brought by the plaintiff-taxpayer Waterman-Bic Pen Corporation. The parties have entered into a stipulation of all the relevant facts pertaining to the taxpayer's claim and there remain no genuine issues as to any material facts.

The taxpayer, a manufacturer of pens and other writing instruments, during the period from November...

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