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UNION PACIFIC RAILROAD COMPANY v. UNITED STATES

No. 310-62.

389 F.2d 437 (1968)

UNION PACIFIC RAILROAD COMPANY v. The UNITED STATES.

United States Court of Claims.

January 19, 1968.

Attorney(s) appearing for the Case

Robert J. Casey, New York City, attorney of record, for plaintiff. John A. Craig, Thomas E. Tyre 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, Washington, D. C., of counsel.

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

ON DEFENDANT'S AND PLAINTIFF'S MOTIONS FOR SUMMARY JUDGMENT

LARAMORE, Judge.

This is a suit for refund of Federal income and excess profits taxes and interest collected from the Union Pacific Railroad Company (hereinafter referred to as Union) for the calendar year 1942. On June 15, 1943, taxpayer filed its final corporation income and declared value excess profits (DVEP) tax returns and a final corporation excess profits tax return for the tax year 1942...

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