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McDONNELL DOUGLAS CORP. v. GENERAL TEL. CO. OF CAL.

No. 75-3131.

594 F.2d 720 (1979)

McDONNELL DOUGLAS CORPORATION, Plaintiff-Appellant v. GENERAL TELEPHONE COMPANY OF CALIFORNIA and General Telephone and Electronics Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied April 25, 1979.

Attorney(s) appearing for the Case

James J. Foley, Huntington Beach, Cal., for plaintiff-appellant.

John H. Zuromskis, Los Angeles, Cal., for defendant-appellee.

Before CARTER and HUFSTEDLER, Circuit Judges, and C. WILLIAM KRAFT, Jr., District Judge.

Rehearing and Rehearing En Banc Denied April 25, 1979.

JAMES M. CARTER, Circuit Judge:

McDonnell Douglas appeals here from an order granting General Telephone's1 motion for summary judgment in a suit in which McDonnell sought to recover excise taxes paid over a five and one-half year period on telephone services provided by General Telephone. The thrust of the district court's order was that McDonnell had failed to state any cause...

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