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ALLIED BITUMENS, INC. v. UNITED STATES

Civ. No. 1969-341.

353 F.Supp. 1128 (1973)

ALLIED BITUMENS, INC., Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court, W. D. New York.

January 24, 1973.

Attorney(s) appearing for the Case

Harry R. Hayes, Albany, N. Y. (Thomas J. Fori, Albany, N. Y., of counsel), for plaintiff.

John T. Elfvin, U. S. Atty., Buffalo, N. Y. (Scott P. Crampton, Asst. Atty. Gen., Donald R. Anderson and Robert J. Hipple, Attys., Department of Justice, Washington, D. C., of counsel), for defendant.

CURTIN, District Judge.

This is an action under Title 28, United States Code, Section 1346(a)(1). The complaint alleges that the Internal Revenue Service erroneously and illegally collected from the plaintiff federal highway use taxes of $11,532, penalties of $967 and interest of $1,208.35 for the fiscal years ending June 30, 1963 through 1968. The vehicles involved are asphalt distributors and slurry machines, which are truck-like vehicles used in the construction...

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