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NEW YORK, CHICAGO, & ST. LOUIS RAILROAD CO. v. UNITED STATES

No. 385-61.

331 F.2d 865 (1964)

The NEW YORK, CHICAGO, AND ST. LOUIS RAILROAD COMPANY v. The UNITED STATES.

United States Court of Claims.

May 15, 1964.

Attorney(s) appearing for the Case

Grant W. Wiprud, Washington, D. C., for plaintiff; Robert T. Molloy, Joseph M. Jones, Washington, D. C., and Thomas O. Broker, Cleveland, Ohio, of counsel.

J. Mitchell Reese, Jr., Washington, D. C., with whom was Asst. Atty. Gen., Louis F. Oberdorfer, for defendant; Edward S. Smith and Lyle M. Turner, Washington, D. C., were on the brief.

Before JONES, Chief Judge, and WHITAKER, LARAMORE, DURFEE and DAVIS, Judges.

DAVIS, Judge.

This is another tax refund case, held pending the decision of the Supreme Court, in which United States v. Zacks, 375 U.S. 59, 84 S.Ct. 178, 11 L.Ed.2d 128 (1963), supplies the major premise.1 Cf. Kellogg-Citizens National Bank v. United States, Ct.Cl., 330 F.2d 635 (1964). Plaintiff sues for overpayment of World War II excess profits taxes for 1943 and 1944...

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