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J. O. JOHNSON, INC. v. UNITED STATES

No. 308-72.

476 F.2d 1337 (1973)

J. O. JOHNSON, INC. v. The UNITED STATES.

United States Court of Claims.

April 13, 1973.

Attorney(s) appearing for the Case

Robert A. Schnur, Milwaukee, Wis., attorney of record, for plaintiff; Michael, Best & Friedrich, Milwaukee, Wis., of counsel.

Kenneth R. Boiarsky, Washington D. C., with whom was Asst. Atty. Gen. Scott P. Crampton, for defendant; Gilbert E. Andrews, Jr., Washington, D. C., of counsel.

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

ON DEFENDANT'S MOTION TO DISMISS

BENNETT, Judge.

Defendant has moved to dismiss count II of the petition on the grounds that plaintiff has failed to state a claim upon which relief may be granted. The question is whether plaintiff's claim for the recovery of sums paid in satisfaction of an accumulated earnings tax is barred by plaintiff's failure to file a timely claim for refund. Specifically, this motion concerns the issue of the applicability of section...

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