A. & N. FURNITURE & APPLIANCE COMPANY v. UNITED STATES

Civ. No. 6040.

271 F.Supp. 40 (1967)

The A. & N. FURNITURE & APPLIANCE COMPANY and Herman and Joyce Green, William N. and Selina Appel, Irvin and Doris Rosen, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. Ohio, W. D.

April 24, 1967.


Attorney(s) appearing for the Case

Joseph A. Brant, Cincinnati, Ohio, for plaintiffs.

Mitchell Rogovin and Michael E. Marr, Dept. of Justice, Washington, D. C., for the United States.


MEMORANDUM OPINION

PORTER, District Judge.

This case comes before this Court on cross-motions for summary judgment. The pleadings and affidavits show, and the parties have stipulated, that there is no genuine issue as to any material fact; thus the case is submitted on its merits for a decision on the sole issue, which is one of law. Rule 56, Fed.R.Civ.Proc.

That issue, simply stated, is whether a small corporation, which has elected to be treated...

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