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D. A. FOSTER TRENCHING COMPANY, INC. v. UNITED STATES

No. 327-70.

473 F.2d 1398 (1973)

D. A. FOSTER TRENCHING COMPANY, INC. v. The UNITED STATES.

United States Court of Claims.

February 16, 1973.

Attorney(s) appearing for the Case

Jerry M. Hamovit, Cleveland, Ohio, attorney of record, for plaintiff, Michael D. Golden, Fort Leonard Wood, Mo., of counsel.

Kenneth R. Boiarsky, Washington, D. C., with whom was Asst. Atty. Gen. Scott P. Crampton, for defendant, Joseph Kovner, Washington, D. C., of counsel.

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

OPINION

KASHIWA, Judge:

This is a suit for the recovery of federal income taxes and interest in the amounts of $9,863.80 and $2,078.68 paid by the plaintiff for its fiscal years ended January 31, 1966, and January 31, 1967, respectively, plus interest as provided by law. The case is before the court on stipulated facts pursuant to Rule 134(b)(2) of the Rules of this court. For reasons hereinafter stated, we hold for the defendant and against the plaintiff...

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