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CBN CORPORATION v. UNITED STATES

No. 263-62.

364 F.2d 393 (1966)

CBN CORPORATION (Formerly Columbian Carbon Company) v. The UNITED STATES.

United States Court of Claims.

July 15, 1966.

Attorney(s) appearing for the Case

Robert J. Casey, New York City, attorney of record, for plaintiff. Clark, Carr & Ellis; Thomas J. McCoy, Jr., Thomas E. Tyre, John A. Craig, New York City, and Harry J. Gerrity, Washington, D. C., of counsel.

Mitchell Samuelson, Washington, D. C., with whom was Asst. Atty. Gen. Mitchell Rogovin, for defendant. C. Moxley Featherston, Lyle M. Turner and Philip R. Miller, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, and COLLINS, Judges.

DURFEE, Judge.

This is an action to recover an alleged overpayment of income taxes and interest for the years 1955 and 1956 in the amount of $274,562.75. The parties by joint stipulation have agreed that four of the six separate counts included in the petition, namely counts 2, 3, 4 and 6, are to be dismissed with prejudice. These cross-motions for summary judgment pertain to the remaining counts — counts 1 and 5....

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