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AGRON v. ILLINOIS BELL TELEPHONE COMPANY

No. 69 C 1972.

319 F.Supp. 418 (1970)

Robert C. AGRON, on behalf of himself and all other telephone subscribers to the Illinois Bell Telephone Company who are similarly situated to him, Plaintiff, v. ILLINOIS BELL TELEPHONE COMPANY, an Illinois corporation, and United States of America, Defendants.

United States District Court, N. D. Illinois, E. D.

October 16, 1970.

Attorney(s) appearing for the Case

Alex Elson, Willard J. Lassers and Aaron Wolff, of Elson, Lassers & Wolff, Chicago, Ill., for plaintiff.

Howard J. Trienens, Jules M. Perlberg, William C. Golden, Lee B. McTurnan and Theodore N. Miller, of Sidley & Austin, Chicago, Ill., for Ill. Bell Telephone Co.

Johnnie M. Walters, Daniel J. Dinan and William T. Hunter, U. S. Dept. of Justice, Washington, D. C., and William J. Bauer, U. S. Atty., Chicago, Ill., for the United States.

MEMORANDUM OPINION

Cross-motions for Summary Judgment on Count I

MAROVITZ, District Judge.

This is an action for the refund of certain federal excise taxes on telephone service alleged to have been overpaid since and including the last quarter of 1965. In addition to the alleged overpayments or overcollections, depending on one's view, plaintiff seeks statutory interest.

The Complaint consists of three counts: Count I, brought by Robert...

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