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HUNT FOODS AND INDUSTRIES, INC. v. UNITED STATES

No. 218-66.

436 F.2d 443 (1971)

HUNT FOODS AND INDUSTRIES, INC. v. The UNITED STATES.

United States Court of Claims.

January 22, 1971.

Attorney(s) appearing for the Case

William R. Nicholas, attorney of record, for plaintiff. Austin H. Peck, Jr., John H. Hall, Los Angeles, Cal., Milton L. Ray, William K. Bachelder, Stuart S. Opotowsky, Fullerton, Cal., and Latham & Watkins, Los Angeles, Cal., of counsel.

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

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

OPINION

LARAMORE, Judge.

In this case plaintiff, Hunt Foods and Industries, Inc., sues to recover alleged overpayments of manufacturers' Federal excise tax paid during the period beginning October 1, 1958 and ending June 30, 1965. Plaintiff asks this court to find that it is entitled to recover taxes, plus assessed interest, in the amount of $211,278.64, plus statutory interest on the amount of recovery.

The specific Federal excise tax to which our...

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