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STATE BANK OF ALBANY v. UNITED STATES

No. 212-72.

530 F.2d 1379 (1976)

STATE BANK OF ALBANY v. The UNITED STATES.

United States Court of Claims.

February 18, 1976.

Attorney(s) appearing for the Case

Richard A. Langer, Albany, N.Y., for plaintiff. Earl H. Gallup, Jr., Albany, N.Y., atty. of record.

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

Before DURFEE, Senior Judge, and NICHOLS and KASHIWA, Judges.

NICHOLS, Judge.

Plaintiff, State Bank of Albany, brings this action to recover Federal income taxes of $151,021.73 and $417,845.86, for the years 1961 and 1963, respectively, plus statutory interest. In its original petition, plaintiff sought to recover $188,503.77 plus interest, representing Federal income taxes paid for 1962; however, in reply to defendant's cross motion for summary judgment, plaintiff conceded that it...

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