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UNITED STATES v. DUKE LABORATORIES, INC.

No. 353, Docket 28489.

337 F.2d 280 (1964)

UNITED STATES of America, Appellant, v. DUKE LABORATORIES, INC., Appellee.

United States Court of Appeals Second Circuit.

Decided October 7, 1964.

Attorney(s) appearing for the Case

Rufus E. Stetson, Jr., Washington, D. C. (Louis Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, I. Henry Kutz, Giora Ben-Hurin, Attorneys, Department of Justice and Robert C. Zampano, U. S. Atty., of counsel), for appellant.

Maguire, Cole & Bentley, Stamford, Conn. (John N. Cole and Peter Bentley, Stamford, Conn., of counsel), for appellee.

Before SWAN, MOORE and SMITH, Circuit Judges.

MOORE, Circuit Judge.

The United States of America (the Government) appeals from a judgment entered upon a jury verdict adjudging the Government liable to Duke Laboratories, Inc. (the taxpayer) for an income tax refund of $475,133.35 covering taxes paid upon assessment for the years 1956 through 1959. The Government also appeals from the denial of a motion for judgment in its favor notwithstanding the verdict or, in the alternative, for a new trial.

The taxes...

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