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ALLSTATE INSURANCE COMPANY v. UNITED STATES

No. 14264.

329 F.2d 346 (1964)

ALLSTATE INSURANCE COMPANY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

March 19, 1964.

Attorney(s) appearing for the Case

Charles W. Davis, Chicago, Ill., William A. McClintock, Jr., Skokie, Ill., Edward W. Rothe, Samuel H. Horne, Washington, D. C., Hopkins, Sutter, Owen, Mulroy & Wentz, Chicago, Ill., of counsel, for appellant.

Louis F. Oberdorfer, Asst. Atty. Gen., Tax Division, John B. Jones, Jr., Attorney, U. S. Department of Justice, Washington, D. C., Edward V. Hanrahan, U. S. Atty., Chicago, Ill., Lee A. Jackson, Harold C. Wilkenfeld, Attorneys, Department of Justice, Washington, D. C., James P. O'Brien, U. S. Atty., of counsel, for appellee.

Before DUFFY, KNOCH and SWYGERT, Circuit Judges.

KNOCH, Circuit Judge.

Plaintiff-Appellant, Allstate Insurance Company, hereinafter called "Allstate," brought this action in the United States District Court to secure refund of federal income taxes (plus interest) in a total amount in excess of $3,400,000, allegedly assessed and collected wrongfully for the years 1950, 1952 and 1953. The facts are undisputed (with one not very pertinent exception noted below), and the parties filed cross motions for summary judgment...

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