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CHOCK FULL O'NUTS CORPORATION v. UNITED STATES

No. 68 Civ. 121.

322 F.Supp. 772 (1971)

CHOCK FULL O'NUTS CORPORATION, Plaintiff, v. UNITED STATES of America, Defendant.

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

January 29, 1971.

Attorney(s) appearing for the Case

Harry Geist, New York City, for plaintiff.

Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., for defendant; Michael I. Saltzman, Asst. U. S. Atty., of counsel.

OPINION, FINDINGS OF FACT and CONCLUSIONS OF LAW.

LEVET, District Judge.

This action is a claim for a refund of federal income taxes for the fiscal year ending July 31, 1962, wherein the plaintiff, Chock Full O'Nuts Corporation, seeks to recover $18,717.70 as an alleged overpayment, together with interest of $2,023.96 paid thereon.

There is no disagreement as to the facts which have been set forth in...

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