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EDUCATIONAL FUND OF ELECTRICAL INDUSTRY v. UNITED STATES

No. 604, Docket 34165.

426 F.2d 1053 (1970)

In the Matter of EDUCATIONAL FUND OF the ELECTRICAL INDUSTRY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided May 8, 1970.

Attorney(s) appearing for the Case

Harold Stern, New York City (Norman Rothfeld, New York City, of counsel), for appellant. Richard M. Hall, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty. for the Southern District of New York, Patricia M. Hynes, Asst. U. S. Atty., of counsel), for appellee.

Before SMITH, KAUFMAN and HAYS, Circuit Judges.

HAYS, Circuit Judge.

Appellant, the Educational Fund of the Electrical Industry, instituted this action against the United States in the United States District Court for the Southern District of New York for a refund of $168,338.53 in income taxes, interest and penalties paid on account of withholding taxes due for the years 1958 through 1961. The district court entered a judgment granting appellant recovery against the United States in the amount of $45.76, representing...

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