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UNITED STATES v. DORGAN

Civ. No. A3-74-60.

413 F.Supp. 173 (1976)

UNITED STATES of America and Western Electric Company, Incorporated, Plaintiffs, v. Byron L. DORGAN, as State Tax Commissioner of and for the State of North Dakota, and his successors in office, et al., Defendants.

United States District Court, D. North Dakota, Southeastern Division.

May 17, 1976.

Attorney(s) appearing for the Case

Harold O. Bullis, U. S. Atty., Fargo, N. D., and William L. Shraberg, Dept. of Justice, Washington, D. C., for the United States.

Frank J. Magill, Nilles, Hansen, Selbo, Magill & Davies, Ltd., Fargo, N. D., for Western Elec. Company, Inc.

Kenneth M. Jakes, Albert R. Hausauer, Robert W. Wirtz, Sp. Asst. Attys. Gen., State of N. D., Bismarck, N. D., for defendants.

Before BRIGHT, Circuit Judge, BENSON, Chief District Judge, and VAN SICKLE, District Judge.

MEMORANDUM AND ORDER

BENSON, Chief District Judge.

Plaintiffs, United States of America and Western Electric Company, Incorporated, have renewed their motion before this three-judge court, for an order staying, pending a final determination in this action, state administrative tax assessment proceedings. The Eighth Circuit Court of Appeals reversed an order of the trial court1 granting...

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