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MOTOR COACH INDUSTRIES, INC. v. UNITED STATES

No. 51-74.

536 F.2d 930 (1976)

MOTOR COACH INDUSTRIES, INC. v. The UNITED STATES.

United States Court of Claims.

June 16, 1976.

Attorney(s) appearing for the Case

Robert H. Kapp, Washington, D.C., attorney of record, for plaintiff; Seymour S. Mintz, Gail S. Marshall, Hogan & Hartson, Washington, D.C., Ralph J. Wehling, Chicago, Ill., of counsel.

Kenneth R. Boiarsky, Washington, D.C., with whom was Asst. Atty. Gen., Scott P. Crampton, Washington, D.C., for defendant; Theodore D. Peyser, Jr., Washington, D.C., of counsel.

Before SKELTON, KASHIWA and KUNZIG, Judges.

ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT

KASHIWA, Judge:

This is a suit for the recovery of federal excise taxes paid for the period commencing January 1, 1966, and ending December 31, 1970.

The case is before this court on cross motions for summary judgment. We find that there is no genuine issue as to any material fact. We hold for the defendant for reasons hereafter stated.

Plaintiff, Motor...

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