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EGAN v. UNITED STATES

Civ. A. No. 3411.

325 F.Supp. 1227 (1971)

Roberta C. EGAN, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Delaware.

May 7, 1971.

Attorney(s) appearing for the Case

Richard L. Sutton, of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., Peter O. Clauss and Edward C. Toole, Jr., of Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for plaintiff.

F. L. Peter Stone, U. S. Atty., Wilmington, Del., and Herbert Grossman, Dept. of Justice, Washington, D. C., for defendant.

OPINION

CALEB M. WRIGHT, Chief Judge.

This is an action jurisdictionally grounded on 28 U.S.C. § 1346(a) (1) by plaintiff, Roberta C. Egan, seeking a refund of taxes paid pursuant to deficiency assessments for the taxable years 1959 through 1963. The case had already been set for trial when the government filed this motion for summary judgment or, in the alternative, for the Court to make a limiting order pursuant to Rule 56(d) of the Federal Rules...

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