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U. S. THERMO CONTROL CO. v. UNITED STATES

Nos. 271-65, 272-65.

372 F.2d 964 (1967)

U. S. THERMO CONTROL CO. v. The UNITED STATES. THERMO KING CORPORATION v. The UNITED STATES.

United States Court of Claims.

February 17, 1967.

Attorney(s) appearing for the Case

Daniel M. Gribbon, Washington, D. C., attorney of record, for plaintiff. William H. Allen, Washington, D. C., L. E. Kust and Robert F. Pugliese, Pittsburgh, Pa., of counsel.

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

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

DURFEE, Judge.

These are suits for recovery of excise taxes paid by U.S. Thermo Control Company for the period July 1, 1959 through August 12, 1961, and by Thermo King Corporation for the period August 14, 1961 through June 30, 1962 in the aggregate amount of $2,538,175.09.

Plaintiff Thermo King Corporation is successor in interest to plaintiff U.S. Thermo Control Company, and is the same party as plaintiff in Thermo King Corporation v. United States,

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