DOLESE v. UNITED STATES

Nos. 75-1520, 75-1521 and 75-1522.

541 F.2d 853 (1976)

Roger DOLESE and the Dolese Company, Transferees of Dolese Bros. Co., a dissolved corporation, Appellants, v. UNITED STATES of America, Appellee. The DOLESE COMPANY and Dolese Concrete Company (wholly owned subsidiary of the Dolese Company), Appellants, v. UNITED STATES of America, Appellee. Roger DOLESE, Appellant, v. UNITED STATES of America, Appellee. (Consolidated Cases)

United States Court of Appeals, Tenth Circuit.

Decided September 2, 1976.


Attorney(s) appearing for the Case

Donald P. Moyers and John H. Conway, Jr., Tulsa, Okl., for appellants.

Murray S. Horwitz, Washington, D. C. (Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Grant W. Wiprud, Tax Div., Dept. of Justice, Washington, D. C., and William R. Burkett, U. S. Attorney, Oklahoma City, Okl., of counsel, on the brief), for appellee.

Before SETH and McWILLIAMS, Circuit Judges, and MORRIS, Chief Judge.


McWILLIAMS, Circuit Judge.

These three consolidated appeals concern summary judgment. In our view the trial court failed to follow either the mandate or the spirit of Rule 56(c), Fed.R.Civ.P. and we therefore reverse.

Roger Dolese, the Dolese Company, and the Dolese Concrete Company each instituted a separate action for the refund of federal income taxes and interest in a total amount of $1,533,755.38. The Government in due time filed an answer in each case...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases