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PACIFIC CAR AND FOUNDRY COMPANY v. UNITED STATES

No. 22903.

420 F.2d 905 (1969)

PACIFIC CAR AND FOUNDRY COMPANY, Plaintiff, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 29, 1970.

Certiorari Denied April 20, 1970.

Attorney(s) appearing for the Case

David E. Carmack (argued), William A. Friedlander, Lee A. Jackson, Mitchell Rogovin, Johnnie M. Walters, Attys., Tax Division, Dept. of Justice, Washington, D. C., for appellants.

Thomas Todd (argued), of Helsell, Paul, Fetterman, Todd & Hokanson, Seattle, Wash., Baker & McKenzie, Chicago, Ill., for appellee.

Before MADDEN, Judge of the United States Court of Claims, DUNIWAY, Circuit Judge, and TAYLOR, District Judge.

Certiorari Denied April 20, 1970. See 90 S.Ct. 1363.

J. WARREN MADDEN, Judge:

The plaintiff, Pacific Car and Foundry Company, hereinafter designated as "taxpayer", brought this suit in the District Court to recover certain excise taxes which the United States had collected from it for the quarterly period January 1 through March 31, 1961. The District Court gave the taxpayer a judgment for the amount claimed by it, $3,813.47, plus interest. The United States...

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