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LEHIGH INC. v. UNITED STATES

Civ. A. No. 40998.

290 F.Supp. 584 (1968)

LEHIGH INC. (Formerly Lehigh Foundries, Incorporated), Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court E. D. Pennsylvania.

September 23, 1968.

Attorney(s) appearing for the Case

Andrew L. Herster, Jr., Easton, Pa., Richard S. Buell, John A. Dowd, Buell, Clifton & Turner, New York, N. Y., of counsel, for plaintiff.

Drew J. T. O'Keefe, U. S. Atty., Robert St. Leger Goggin, Asst. U. S. Atty., Phila., Pa., for defendant.

OPINION

JOHN MORGAN DAVIS, District Judge.

Before the Court are Rule 56 cross-motions for summary judgment. The plaintiff essentially asserts that it is entitled to recover interest paid on a portion of an income tax deficiency which was purportedly extinguished in a later year.1

Briefly, the facts are as follows. The plaintiff is a corporation which operates on a fiscal year...

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