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DENVER & RIO GRANDE WESTERN R. R. CO. v. UNITED STATES

No. 145-70.

505 F.2d 1266 (1974)

The DENVER AND RIO GRANDE WESTERN RAILROAD CO. v. The UNITED STATES.

United States Court of Claims.

As Corrected December 6, 1974.

Attorney(s) appearing for the Case

Michael C. Durney, Washington, D. C., for plaintiff; Stanley Worth, Washington, D. C., attorney of record for plaintiff; Hamel, Park, McCabe & Saunders, Washington, D. C., of counsel.

Richard D. Silvester, Washington, D. C., with whom was Acting Asst. Atty. Gen. Richard M. Roberts, Washington, D. C., for defendant; Gilbert E. Andrews Jr. and Theodore D. Yeyser Jr., Washington, D. C., of counsel.

Before LARAMORE, Senior Judge, and NICHOLS and KUNZIG, Judges.

On Defendant's Motion For Partial Summary Judgment

NICHOLS, Judge:

Plaintiff, Denver and Rio Grande Western Railroad Company, brings this action to recover federal income taxes paid by it for the taxable years 1964 and 1965. We have jurisdiction pursuant to 28 U.S.C. §§ 1346(a) (1) and 1491.

Our decision is limited to the issues raised by the defendant's motion for partial summary judgment and the plaintiff's opposition thereto —...

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