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GENERAL MOTORS CORPORATION v. UNITED STATES

No. 367-62.

339 F.2d 648 (1964)

GENERAL MOTORS CORPORATION v. The UNITED STATES.

United States Court of Claims.

Rehearing Denied March 12, 1965.

Attorney(s) appearing for the Case

Daniel M. Gribbon, Washington, D. C., for plaintiff. Newell W. Ellison, Washington, D. C., Aloysius F. Power, Calvert Thomas, J. C. Siegesmund, Jr., Detroit, Mich., Robert L. Randall, and Covington & Burling, Washington, D. C., of counsel.

Robert Livingston, Washington, D. C., with whom was Asst. Atty. Gen. Louis F. Oberdorfer, for defendant. Edward S. Smith, Lyle M. Turner, Philip R. Miller and George Willi, Washington, D. C., were on the briefs.

Before COWEN, Chief Judge, DURFEE, DAVIS and COLLINS, Judges, and WHITAKER, Senior Judge.

DURFEE, Judge.

This is a suit for the refund of a purported overpayment of a manufacturers' excise tax in the sum, as conceded by defendant, of $131,708.78. The question presented is whether or not payments made by a manufacturer to its dealers in order to reimburse the dealers for extra compensation paid by the dealers to their salesmen in furtherance of the manufacturer's plan to increase sales, constitutes an excise tax price readjustment under Section 3443(a)...

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