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FIRST NAT. CITY BANK v. UNITED STATES

No. 471-72.

557 F.2d 1379 (1977)

FIRST NATIONAL CITY BANK v. The UNITED STATES.

United States Court of Claims.

July 8, 1977.

Attorney(s) appearing for the Case

James R. Rowen, New York City, attorney of record, for plaintiff; William J. Albinger, Jr., Shearman & Sterling, New York City, of counsel.

Kenneth R. Boiarsky, Washington, D.C., with whom was Acting Asst. Atty. Gen. Myron C. Baum, Washington, D.C., for defendant; Theodore D. Peyser, Jr., Donald H. Olson, Bruce W. Reynolds, Washington, D.C., of counsel.

Before DURFEE, Senior Judge, DAVIS and KASHIWA, Judges.

KASHIWA, Judge:

This tax refund action involving the determination of the proper exchange rate at which to convert creditable foreign taxes paid in foreign currency from that currency into a U.S. dollar equivalent is before the court on defendant's motion for partial summary judgment on Counts I, II, and III of the petition. For the purposes of this motion only, defendant admits the factual allegations contained in plaintiff...

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