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HERBERT J. INVESTMENT CORPORATION v. UNITED STATES

No. 73-1832.

500 F.2d 44 (1974)

HERBERT J. INVESTMENT CORPORATION, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 19, 1974.

Attorney(s) appearing for the Case

David J. Cannon, U. S. Atty., Milwaukee, Wis., Scott P. Crampton, Asst. Atty. Gen., William S. Estabrook, III, Atty., Tax Div., Dept. of Justice, Washington, D. C., For defendant-appellant.

James P. Brody, Milwaukee, Wis., for plaintiff-appellee.

Before SWYGERT, Chief Judge, HASTINGS, Senior Circuit Judge, and SPRECHER, Circuit Judge.

PER CURIAM.

Taxpayer Herbert J. Investment Corporation brought this action against the United States to recover an income tax refund for the year 1968 in the amount of $402,360.02, plus interest. The distict court granted taxpayer's motion for summary judgment for reasons stated in an earlier decision and order, 360 F.Supp. 825, denying the Government's summary judgment motion. Defendant has appealed and we affirm.

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