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UNION PACIFIC RAILROAD COMPANY v. UNITED STATES

No. 310-62.

401 F.2d 778 (1968)

UNION PACIFIC RAILROAD COMPANY v. The UNITED STATES.

United States Court of Claims.

October 18, 1968.

Attorney(s) appearing for the Case

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

Theodore D. Peyser, Jr., Washington, D. C., with whom was Asst. Atty. Gen., Mitchell Rogovin, for defendant. Philip R. Miller and Joseph Kovner, Washington, D. C., of counsel.

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

SKELTON, Judge.

The plaintiff, Union Pacific Railroad Company, was and has been at all times pertinent hereto, a corporation organized and existing under the laws of the State of Utah, with its office and principal place of business in New York. It brought this action to recover, among other items, $4,187,159.68 in income and excess profits tax and assessed interest thereon paid for the calendar year 1942, together with statutory interest thereon, and $9,222,801.78...

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