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FRUEHAUF CORPORATION v. UNITED STATES

Nos. 91-70, 191-71.

477 F.2d 568 (1973)

FRUEHAUF CORPORATION v. The UNITED STATES. METRO-GOLDWYN-MAYER, INC. and Consolidated Subsidiaries v. The UNITED STATES.

United States Court of Claims.

Decided April 13, 1973.

Attorney(s) appearing for the Case

Ernest Getz, Detroit, Mich., attorney of record, for Fruehauf Corp.; Dickinson, Wright, McKean & Cudlip, Detroit, Mich., of counsel.

Herbert L. Awe, Washington, D. C., attorney of record, for Metro-Goldwyn-Mayer, Inc. and Consolidated Subsidiaries; John P. Lipscomb, Washington, D. C., of counsel.

Kenneth R. Boiarsky, Washington, D. C., with whom was Asst. Atty. Gen. Scott P. Crampton, for defendant ; Gilbert E. Andrews, Jr., and Joseph Kovner, Washington, D. C., of counsel in No. 191-71.

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

ON PLAINTIFFS' MOTIONS AND DEFENDANT'S CROSS MOTIONS FOR SUMMARY JUDGMENT

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

These actions for the refund of income taxes present another of the perplexing questions that often arise with respect to the computation of interest under the provisions of the Internal Revenue Code. The cases were argued together because Count I of Fruehauf's petition and Metro-Goldwyn-Mayer's petition involve similar questions...

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