CENTRAL OIL & SUPPLY CORP. v. UNITED STATES

No. 75-2372.

557 F.2d 511 (1977)

CENTRAL OIL & SUPPLY CORPORATION, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, Appellant, v. James C. WATSON, William Watson, Mrs. Clemmie McIntosh Watson, and Gerald B. Watson, Additional Defendants on Counterclaim-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 11, 1977.


Attorney(s) appearing for the Case

Robert Lee Curry, III, J. Michael Hart, Monroe, La., for Central Oil & Supply.

Donald F. Wood, John E. Kennedy, Houston, Tex., for Richard R. Broach, Jr., amicus curiae.

Donald E. Walter, U. S. Atty., Lawrence L. Jones, Asst. U. S. Atty., Shreveport, La., Scott P. Crampton, Asst. Atty. Gen., Tax Div., Gilbert E. Andrews, Acting Chief, Appellate Sec., Grant W. Wiprud, William A. Whitledge, U. S. Dept. of Justice, Washington, D. C., for the U. S.

George M. Snellings, III, Carrick R. Inabnett, Monroe, La., for James C. Watson et al.

Before WISDOM, CLARK and RONEY, Circuit Judges.


Rehearing and Rehearing En Banc Denied October 11, 1977.

CLARK, Circuit Judge:

Central Oil & Supply Corporation [Central] filed this suit in the district court to secure a refund of federal excise taxes levied on the retail sale of diesel fuel for use in highway vehicles which it paid for the first quarter of 1969. The United States counterclaimed to obtain payment of the tax due on sales allegedly made by Central during the last three quarters of 1969...

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