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CAPITAL S. & L. ASS'N v. UNITED STATES

No. 552-76.

607 F.2d 970 (1979)

CAPITAL SAVINGS & LOAN ASSOCIATION (Successor by Reorganization to Franklin Savings & Loan Association) v. The UNITED STATES.

United States Court of Claims.

October 17, 1979.

Attorney(s) appearing for the Case

Harlan Pomeroy, Cleveland, Ohio, for plaintiff. Baker & Hostetler, Cleveland, Ohio, of counsel.

M. Carl Ferguson, Asst. Atty. Gen., Washington, D. C., for defendant. Theodore D. Peyser, Jr. and Donald H. Olson, Washington, D. C., of counsel.

Before NICHOLS, BENNETT, and SMITH, Judges.

ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT

EDWARD S. SMITH, Judge:

Plaintiff, Capital Savings and Loan Association (Capital), as successor in interest to Franklin Savings and Loan Association (Franklin), seeks in this suit a refund of federal income taxes in the amount of $603,137, plus interest thereon, paid with respect to Franklin's final short year, July 1 through November 30, 1975. Capital paid this amount...

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