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ATLANTIC DEPT. STORES, INC. v. UNITED STATES

No. 932, Docket 76-6173.

557 F.2d 957 (1977)

ATLANTIC DEPARTMENT STORES, INC., Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Second Circuit.

Decided June 17, 1977.

Attorney(s) appearing for the Case

Abraham Kaplan, Garden City, N.Y., for appellee.

Frederick P. Schaffer, New York City (Robert B. Fiske, Jr., U.S. Atty., S.D.N.Y., New York City, Gaines Gwathmey III, Asst. U.S. Atty., of counsel), for appellant.

Before MANSFIELD, Circuit Judge, SMITH, Chief Judge, and PALMIERI, District Judge.

PALMIERI, District Judge:

This appeal is from a judgment of the United States District Court for the Southern District of New York, Marvin E. Frankel, Judge, granting summary judgment for the plaintiff, Atlantic Department Stores, Inc. ("Atlantic"), in its suit against the United States to recover an overpayment of Federal Insurance Contribution Act ("FICA") taxes made by Atlantic for the calendar year 1974. The Government...

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