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

Nos. 289-65, 303-66.

470 F.2d 523 (1972)

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

United States Court of Claims.

December 12, 1972.

Attorney(s) appearing for the Case

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

Frances Foltz Kane, Washington, D. C., with whom was Asst. Atty. Gen. Scott P. Crampton, for defendant. Fred B. Ugast, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and DAVIS, SKELTON, NICHOLS, KASHIWA, KUNZIG and BENNETT, Judges.

ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT'S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT

COWEN, Chief Judge, delivered the opinion of the court:

In our decision of July 14, 1971 (herein referred to as St. Louis No. 1), in these related tax cases, we decided several issues relating to the measurement of debt discount claimed as the result of the exchange of new debt obligations for outstanding debt obligations and outstanding

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