FRANK MOTOR HOMES, INC. v. UNITED STATES

Civ. A. No. 22884.

230 F.Supp. 782 (1964)

FRANK MOTOR HOMES, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. Michigan, S. D.

June 9, 1964.


Attorney(s) appearing for the Case

Brian Sullivan, Daniel B. Beresford, Dykema, Wheat, Spencer, Goodnow & Trigg, Detroit, Mich., for plaintiff.

Louis F. Oberdorfer, Asst. Atty. Gen., C. Moxley Featherston, David A. Wilson, Jr., Peter J. Ciano, Edward S. Smith, Attys., Dept. of Justice, Washington, D. C., Lawrence Gubow, U. S. Atty., Robert F. Ritzenhein, Asst. U. S. Atty., Detroit, Mich., for defendant.


LEVIN, Chief Judge.

This action, timely brought under 28 U.S.C. § 1346(a) (1) for refund of excise taxes, penalties, and interest paid, is submitted on a stipulation of facts following the Government's motion for summary judgment. The taxpayer, from January 1, 1960, to the present, has manufactured bodies for self-propelled mobile homes marketed under the name "Dodge Motor Home." The Government, in its motion, contends that these bodies are subject to excise...

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