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McMARTIN INDUSTRIES v. VINAL

Civ. 02505.

301 F.Supp. 749 (1969)

McMARTIN INDUSTRIES, Plaintiff, v. Richard P. VINAL, District Director of Internal Revenue, Defendant.

United States District Court D. Nebraska.

June 30, 1969.

Attorney(s) appearing for the Case

John R. Barton, of Crossman, Barton & Norris, Omaha, Neb., and Sutherland, Asbill & Brennan, Washington, D. C., for plaintiff.

James Parker, Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM

RICHARD E. ROBINSON, Chief Judge.

This is an action for a refund of excise taxes paid by the plaintiff, McMartin Industries, Inc., under protest. Defendant, a District Director of Internal Revenue, has counter-claimed for additional excise taxes which the Service has assessed against plaintiff but which have not been paid. In the interest of brevity the parties to this action will be hereinafter referred to respectively as McMartin and the I....

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