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TRAVEL INDUSTRIES OF KANSAS, INC. v. UNITED STATES

No. 57-70.

432 F.2d 938 (1970)

TRAVEL INDUSTRIES OF KANSAS, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 8, 1970.

Attorney(s) appearing for the Case

R. B. Cannon, of Weeks, Bird, Cannon & Appleman, Fort Worth, Tex., on brief, for plaintiff-appellant.

Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Elmer J. Kelsey, and Richard Farber, Attys., Dept. of Justice, and Robert J. Roth, U. S. Atty., of counsel, on brief, for defendant-appellee.

Before BREITENSTEIN, SETH and HOLLOWAY, Circuit Judges.

PER CURIAM.

In Travel Industries of Kansas v. United States, 10 Cir., 425 F.2d 1297, we held that where the amount paid as federal excise taxes on the manufacture of slide-in campers had been passed on to purchasers, the manufacturer was not entitled to refund in the absence of a showing that it had repaid the amount of the tax to the ultimate purchasers or had obtained their written consent to the refund. In the instant case plaintiff...

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