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NORTON MANUFACTURING CORPORATION v. UNITED STATES

No. 17191.

409 F.2d 902 (1969)

NORTON MANUFACTURING CORPORATION, a Corporation, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

April 18, 1969.

Attorney(s) appearing for the Case

Mitchell Rogovin, Dept. of Justice, Stanley L. Ruby, Atty., Tax Division, Lee A. Jackson, Chief, Appellate Section, Elmer J. Kelsey, Atty., Dept. of Justice, Washington, D. C., Eugene Robinson, Asst. U. S. Atty., Thomas A. Foran, U. S. Atty., Chicago, Ill., for defendant-appellant.

Walter P. Murphy, Walter Wm. Pearson, Murphy & Pearson, Chicago, Ill., for plaintiff-appellee.

Before FAIRCHILD and KERNER, Circuit Judges, and GORDON, District Judge.

KERNER, Circuit Judge.

Norton Manufacturing Corporation filed an action in the district court against the United States seeking a refund of excise taxes assessed and paid pursuant to Sec. 4161 of the Internal Revenue Code of 1954. The court heard the matter on affidavits and cross-motions for summary judgment and entered Norton's motion for summary judgment against the United States in the sum of $50,422.51 with interest at 6%. The United States appeals from the judgment...

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