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UNITED STATES v. NORTHERN RAILROAD

No. 6257.

334 F.2d 936 (1964)

UNITED STATES of America, Defendant, Appellant, v. NORTHERN RAILROAD, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

July 29, 1964.

Attorney(s) appearing for the Case

David I. Granger, Atty., Dept. of Justice, with whom Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and I. Henry Kutz, Attys., Dept. of Justice, W. Arthur Garrity, Jr., U. S. Atty., and Murray H. Falk, Asst. U. S. Atty., were on brief, for appellant.

Richard L. Braunstein, Washington, D. C., with whom Bernard J. Long and Dow, Lohnes & Albertson, Washington, D. C., were on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

HARTIGAN, Circuit Judge.

Plaintiff-appellee, Northern Railroad, brought this action in the District Court of the United States for the District of Massachusetts for the recovery of income taxes and interest thereon allegedly illegally assessed and collected. Judgment was rendered on October 18, 1963 against the defendant-appellant, United States of America, in the amount of $156,161.57 plus interest thereon at 6% from May 24, 1957.

The facts have been stipulated...

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