HEMPT BROS., INC. v. UNITED STATES

Civ. No. 68-484.

354 F.Supp. 1172 (1973)

HEMPT BROS., INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, M. D. Pennsylvania.

February 15, 1973.


Attorney(s) appearing for the Case

James H. King, McNees, Wallace & Nurick, Harrisburg, Pa., Sheldon M. Bonovitz, John F. Fansmith, Jr., Duane, Morris & Heckscher, Philadelphia, Pa., for plaintiff.

S. John Cottone, U. S. Atty., Scranton, Pa., Scott P. Crampton, Asst. Atty. Gen., Tax Div., Dept. of Justice, Washington, D. C., David A. Wilson, Jr., Chief, Refund Trial Section No. 1, Dept. of Justice, Washington, D. C., Thomas R. Wechter, Donald R. Anderson, Daniel J. Dinan, Dept. of Justice, Washington, D. C., for defendant.


SHERIDAN, Chief Judge.

Plaintiff, Hempt Bros., Inc., seeks to recover income taxes alleged to have been improperly assessed and collected. Jurisdiction is asserted pursuant to 28 U.S.C.A. Section 1346(a)(1). The parties have filed a joint stipulation of facts, and plaintiff has moved for summary judgment. Briefs have been submitted and oral argument made with respect to plaintiff's motion.1

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