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CITADEL INDUSTRIES, INC. v. UNITED STATES

No. 65 Civ. 1710.

314 F.Supp. 245 (1970)

CITADEL INDUSTRIES, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, S. D. New York.

June 2, 1970.

Attorney(s) appearing for the Case

Davis, Polk & Wardwell, New York City (D. Nelson Adams, John A. Reed, New York City, of counsel), Regan, Goldfarb, Powell & Quinn, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, New York City, for the United States (Richard M. Hall, Asst. U. S. Atty., of counsel).

OPINION

EDWARD WEINFELD, District Judge.

Plaintiff moves for summary judgment upon its first cause of action, which seeks recovery of interest on an overpayment of income tax for the year 1951. The government, agreeing there is no issue of fact and that the matter is ripe for summary judgment, cross-moves for judgment in its favor dismissing the complaint.

Plaintiff was under contract during the Korean war to manufacture various armaments, including...

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