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UNITED STATES v. FORST

Civ. A. No. 74-216.

442 F.Supp. 920 (1977)

UNITED STATES of America and Hercules, Incorporated, Plaintiffs, v. W. H. FORST, as State Tax Commissioner of and for the Commonwealth of Virginia, etc., et al., Defendants.

United States District Court, W. D. Virginia, Roanoke Division.

January 18, 1977.

Attorney(s) appearing for the Case

Paul R. Thomson, U. S. Atty., W. D. Va., Roanoke, Va., John J. McCarthy, Tax Div., U. S. Dept. of Justice, Washington, D. C., Edwin C. Stone, Davis & Stone, Radford, Va., for plaintiffs.

J. Durwood Felton, III, Glenn R. Moore, Asst. Attys. Gen., Richmond, Va., for defendants.

MEMORANDUM OPINION AND ORDER

MacKENZIE, District Judge.

This action is before the Court on cross motions for summary judgment. The parties are in agreement that there is no genuine issue of fact; hence it is proper for the Court to grant summary judgment on the basis of the law and the affidavits and exhibits submitted with these motions, including the stipulation of facts agreed to previously in connection with a state administrative proceeding.

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