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AMERICAN POTASH & CHEMICAL CORPORATION v. UNITED STATES

No. 176-66.

402 F.2d 1000 (1968)

AMERICAN POTASH & CHEMICAL CORPORATION v. The UNITED STATES.

United States Court of Claims.

November 15, 1968.

Attorney(s) appearing for the Case

Karl R. Price, Washington, D. C., for plaintiff; Joseph E. McAndrews, and Ivins, Phillips & Barker, Washington, D. C., of counsel.

William C. Ballard, Jr., Washington, D. C., with whom was Asst. Atty. Gen., Mitchell Rogovin, for defendant.

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

LARAMORE, Judge.

This case is before the court on Defendant's Petition for Reconsideration of our decision issued July 17, 1968 (American Potash & Chemical Corp. v. United States, Ct.Cl., 399 F.2d 194), in which we denied defendant's motion for summary judgment. Defendant has argued that plaintiff must use a carryover basis for the assets received in liquidation of its subsidiary, Wecco, because the acquisition of Wecco stock...

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