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NIAGARA MOHAWK POWER CORP. v. UNITED STATES

No. 248-73.

525 F.2d 1380 (1975)

NIAGARA MOHAWK POWER CORPORATION v. The UNITED STATES.

United States Court of Claims.

As Amended on Denial of Rehearing January 9, 1976.

Attorney(s) appearing for the Case

S. Hazard Gillespie, New York City, Atty. of record, for plaintiff; Wallace S. Jones, John A. Corry, Edmund S. Cohen, New York City, of counsel.

Theodore D. Peyser, Jr., Washington, D. C., with whom was Asst. Atty. Gen. Scott P. Crampton, for defendant.

Before COWEN, Chief Judge, LARAMORE, Senior Judge, and BENNETT, Judge.

ON DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT

BENNETT, Judge.

Plaintiff, Niagara Mohawk Power Corporation (Niagara Mohawk), seeks to recover an alleged overpayment of federal income tax and interest for its taxable years 1957-1962 in the amount of $27,679,359. Defendant has moved for summary judgment as to that part of plaintiff's claim which asserts an entitlement to deductions, in those years, for obsolescence of certain water rights owned by plaintiff...

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