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ERIE LACKAWANNA RAILROAD COMPANY v. UNITED STATES

Nos. 342-66, 362-67.

422 F.2d 425 (1970)

ERIE LACKAWANNA RAILROAD COMPANY v. The UNITED STATES.

United States Court of Claims.

February 20, 1970.

Attorney(s) appearing for the Case

Robert T. Molloy, Washington, D. C., attorney of record, for plaintiff; Richard Jackson, Cleveland, Ohio, and Robert E. Simpson, Washington, D. C., of counsel.

E. Alan Moorhouse, Washington, D. C., with whom was Asst. Atty. Gen. Johnnie M. Walters, for defendant; Philip R. Miller and Theodore D. Peyser, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON, and NICHOLS, Judges.

ON PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DEFENDANT'S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT

COLLINS, Judge.

Plaintiff, Erie Lackawanna Railroad Company, a corporation organized and existing under the laws of the State of New York and having its principal office at Cleveland, Ohio, brought this action to recover the sum total of $327,752.60 in income taxes, plus deficiency interest paid thereon and statutory interest as provided by law. Among...

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