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MISSOURI PAC. R. CO. v. UNITED STATES

No. 370-75.

558 F.2d 596 (1977)

MISSOURI PACIFIC RAILROAD CO. v. The UNITED STATES.

United States Court of Claims.

July 8, 1977.

Attorney(s) appearing for the Case

Robert E. Simpson, Washington, D.C., for plaintiff; Robert T. Molloy, Washington, D.C. attorney of record. Mark M. Hennelly and James S. Hesse, St. Louis, Mo., of counsel.

C. Patrick Derdenger, Washington, D.C., with whom was Acting Asst. Atty. Gen. Myron C. Baum, for defendant. Theodore D. Peyser, Jr., Washington, D.C., of counsel.

Before NICHOLS, KASHIWA and BENNETT, Judges.

KASHIWA, Judge.

This tax refund action comes before the court on cross motions for partial summary judgment with respect to the issue set forth in Part III, paragraphs 12 and 13 of plaintiff's petition and paragraphs 22 and 23 of plaintiff's first amended petition. There is no genuine issue as to any material fact with relation to said issue.

Upon consideration of each party's motion, after briefing and oral argument, we conclude that we have no jurisdiction...

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