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CUBIC CORP. v. UNITED STATES

No. 74-3386.

541 F.2d 829 (1976)

CUBIC CORPORATION, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

August 20, 1976.

Attorney(s) appearing for the Case

Thomas F. Greaves, San Diego, Cal., for plaintiff-appellant.

Gilbert E. Andrews, Gary R. Allen, and Arthur L. Bailey, Tax Div., Dept. of Justice, Washington, D.C., for defendant-appellee.

Before HUFSTEDLER and TRASK, Circuit Judges, and FERGUSON, District Judge.

OPINION

PER CURIAM:

The taxpayer appeals from an adverse judgment of the district court in a refund suit. We affirm.

Cubic Corporation (Cubic), a California corporation, manufactured "Votronics" vote counting machines and desired to sell them to certain California counties. The counties were unable to purchase by outright cash consideration because of the large amount involved; it was also believed that...

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