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DOMTAR NEWSPRINT SALES LIMITED v. UNITED STATES

No. 48-69.

435 F.2d 563 (1970)

DOMTAR NEWSPRINT SALES LIMITED v. The UNITED STATES.

United States Court of Claims.

December 11, 1970.

Attorney(s) appearing for the Case

Richard J. Hiegel, New York City, for plaintiff; George G. Tyler, New York City, attorney of record.

Frances M. Foltz, Washington, D. C., with whom was Asst. Atty. Gen. Johnnie M. Walters, for defendant. Philip R. Miller, Washington, D. C., of counsel.

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

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

COWEN, Chief Judge:

Plaintiff, a Canadian corporation not engaged in trade or business within the United States, brought this action to recover an alleged overpayment of Federal income taxes and interest penalties for the year 1960, plus statutory interest.

The facts are stipulated and show that this controversy arose by reason of a...

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