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GENERAL MOTORS ACCEPTANCE CORPORATION v. WALL

Civ. No. 2176.

239 F.Supp. 433 (1965)

GENERAL MOTORS ACCEPTANCE CORPORATION, Plaintiff, v. J. E. WALL, District Director of Internal Revenue, Defendant.

United States District Court W. D. North Carolina, Asheville Division.

March 19, 1965.

Attorney(s) appearing for the Case

Max O. Cogburn and Charles G. Lee, Jr., Lee, Lee & Cogburn, Asheville, N. C., for plaintiff.

William Medford, U. S. Atty., Asheville, N. C., Louis F. Oberdorfer, Asst. Atty. Gen., Fred B. Ugast, Norman E. Bayles, Irwin J. Borof, Attys., Dept. of Justice, and John O. Jones, Trial Atty., Tax Div., Dept. of Justice, Washington, D. C., for defendant.

CRAVEN, Chief Judge:

This case arises on cross-motions for summary judgment. There are no genuine issues as to the material facts, which appear to be, from the stipulations, as follows:

On December 27, 1961, Leo M. KuyKendall purchased a 1962 model automobile from Murphy Chevrolet, Inc., of Canton, North Carolina. As part of this sale, and on the same day, he executed and delivered to Murphy a conditional sale contract, which provided, in part: "For the purpose...

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