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HALL PAVING COMPANY v. UNITED STATES

Civ. A. No. 1343.

338 F.Supp. 670 (1971)

HALL PAVING COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N. D. Georgia, Gainesville Division.

October 28, 1971.

Attorney(s) appearing for the Case

Joe K. Telford, Telford, Stewart & Stephens, Gainesville, Ga., Charles W. Hall, Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., for plaintiff.

John W. Stokes, Jr., U. S. Atty., Julian M. Longley, Jr., Asst. U. S. Atty., Atlanta, Ga., Lawrence R. Jones, Jr., Atty., Tax Div., Dept. of Justice, Washington, D. C., for defendant.

SIDNEY O. SMITH, Jr., Chief Judge.

In this action for a federal income tax refund, plaintiff has moved for judgment in its favor on the ground that this Court's previous order granting plaintiff a partial summary judgment disposed of all the issues in the action. See Hall Paving Co. v. United States of America, Civil Action No. 1343 (N.D.Ga. 26 August 1971) (I.R.C. § 269 does not prohibit the offsetting of actual post-affiliation losses of a subsidiary against...

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