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ST. LOUIS-SAN FRANCISCO RAILWAY CO. v. UNITED STATES

Nos. 289-65, 303-66.

444 F.2d 1102 (1971)

ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY v. The UNITED STATES.

United States Court of Claims.

July 14, 1971.

Attorney(s) appearing for the Case

George K. Dunham, Arlington, Va., for plaintiff. Robert T. Molloy, Washington, D. C., attorney of record. George E. Bailey, St. Louis, Mo., and Robert E. Simpson, Washington, D. C., of counsel.

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 SUMMARY JUDGMENT RESPECTING THE DEBT DISCOUNT ISSUE AND DEFENDANT'S CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT

COWEN, Chief Judge.

These cases come before the court on cross-motions for partial summary judgment. Plaintiff is seeking tax refunds for the years of 1953 through 1961. At issue in this proceeding are the years 1955 through 1961. The main question before us now is the trouble-some one of the existence and measurement of...

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