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UNITED AMERICAN INSURANCE COMPANY v. UNITED STATES

No. 510-69.

475 F.2d 612 (1973)

UNITED AMERICAN INSURANCE COMPANY v. The UNITED STATES.

United States Court of Claims.

As Amended on Rehearing June 1, 1973.

Attorney(s) appearing for the Case

Vester T. Hughes, Jr., Dallas, Tex., of record, for plaintiff; Larry L. Bean, and W. John Glancy, Dallas, Tex., of counsel.

Theodore D. Peyser, Jr., Washington, D. C., with whom was Asst. Atty. Gen., Scott P. Crampton, for defendant; Michael H. Singer, Washington, D. C., of counsel.

Edward J. Schmuck, Bethesda, Md., for Lincoln National Life Ins. Co., amicus curiae; Willis B. Snell, James V. Heffernan, Francis M. Gregory, Jr., Washington, D. C., and Thomas G. Thornbury, Fort Wayne, Ind., of counsel.

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

OPINION

KASHIWA, Judge, delivered the opinion of the court:*

This is a suit for the recovery of $209,827.83 which represents additional income taxes and interest paid for the 1961 through 1966 period pursuant to deficiencies that were assessed against the plaintiff by the Internal Revenue Service.1 We hold that the plaintiff is entitled to recover.

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