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COLUMBIA GAS SYSTEM, INC. v. UNITED STATES

No. 39, Docket 72-1269.

473 F.2d 1244 (1973)

The COLUMBIA GAS SYSTEM, INC., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided January 9, 1973.

Attorney(s) appearing for the Case

George G. Tyler, New York City (Richard J. Hiegel, Roger D. Pearson, and Cravath, Swaine & Moore, New York City, on the brief), for appellant.

Milton Sherman, Asst. U. S. Atty., New York City (Whitney North Seymour, Jr., U. S. Atty., and Michael I. Saltzman, Asst. U. S. Atty., New York City, on the brief), for appellee.

Before MANSFIELD, OAKES and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

Appellant Columbia Gas System, Inc. (Columbia) appeals from a judgment entered in the Southern District of New York, Inzer B. Wyatt, District Judge, 334 F.Supp. 1279 (S.D.N.Y.1971), granting the government's motion for summary judgment and dismissing the complaint in a tax refund action brought by Columbia to recover federal corporate income taxes and interest for the taxable years 1955, 1956, 1957 and...

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