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PENNSYLVANIA POWER & LIGHT COMPANY v. UNITED STATES

Civ. A. No. 29084.

259 F.Supp. 405 (1966)

PENNSYLVANIA POWER & LIGHT COMPANY v. UNITED STATES of America.

United States District Court E. D. Pennsylvania.

August 18, 1966.

Attorney(s) appearing for the Case

Samuel K. White, Pepper, Hamilton & Scheetz, Philadelphia, Pa., Norton Kern, Reid & Priest, New York City, for plaintiff.

Drew J. T. O'Keefe, U. S. Atty., Sullivan Cistone, Asst. U. S. Atty., Philadelphia, Pa., Burton G. Lipsky, Tax Division, Dept. of Justice, Washington, D. C., for defendant.

SUR PLEADINGS AND PROOF

KIRKPATRICK, District Judge.

This is an action to recover income tax in the amount of $259,551.16 paid by the plaintiff for the year 1945. The case has been tried upon a stipulation of agreed facts by the Court sitting without a jury and is now before the Court for final disposition.

As part of a plan of recapitalization, the plaintiff's stockholders, on December 10, 1945, authorized the redemption of 164,390.38 shares of...

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