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CONSTRUCTION AGGREGATES CORPORATION v. UNITED STATES

No. 71 C 1043.

350 F.Supp. 726 (1972)

CONSTRUCTION AGGREGATES CORPORATION, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N. D. Illinois, E. D.

July 25, 1972.

Attorney(s) appearing for the Case

William A. Cromartie, Dennis B. Black, Hopkins, Sutter, Owen, Mulroy & Davis, Chicago, Ill., for plaintiff.

James R. Thompson, U. S. Atty., Scott P. Crampton, Asst. Atty. Gen., David A. Wilson, Jr., and Michael J. von Mandel, Attys., Department of Justice, for defendant.

MEMORANDUM OPINION

DECKER, District Judge.

This is a tax refund case brought by Construction Aggregates Corporation (hereinafter "CAC") pursuant to the provisions of 28 U.S.C. § 1346(a)(1). Both CAC and the Government have moved for summary judgment and have stipulated to the facts upon which the motions will be decided. Those facts are as follows.

Plaintiff CAC is a Delaware corporation which, during its tax year ending March 31, 1960, was...

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