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AVERY v. UNITED STATES

Civ. No. 8387.

247 F.Supp. 611 (1965)

James A. AVERY, As Receiver in Supplementary Proceedings of the E. C. Brown Company, Canandaigua, New York, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court W. D. New York.

October 25, 1965.

Attorney(s) appearing for the Case

Frederick Thompson, Rochester, N. Y., for plaintiff.

John T. Curtin, U. S. Atty., for defendant; Louis F. Oberdorfer, Asst. Atty. Gen., C. Moxley Featherston, John B. Jones, Jr., Burton G. Lipsky, Attys., Dept. of Justice, of counsel.

BURKE, Chief Judge.

By order dated May 10, 1961, James A. Avery, Receiver in Supplementary Proceedings of The E. C. Brown Company, was substituted as plaintiff in place of The E. C. Brown Company.

This is an action for refund of income taxes and excess profits taxes, plus interest, allegedly paid for the fiscal years ended August 31, 1945 and August 31, 1947.

The facts have been fully reported in the consolidated cases of Bullock v. Commissioner and...

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