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GENERAL TELEVISION, INC. v. UNITED STATES

No. 78-1469.

598 F.2d 1148 (1979)

GENERAL TELEVISION, INC., a Colorado Corporation, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 8, 1979.

Attorney(s) appearing for the Case

Kenneth M. Anderson and John P. James, Gray, Plant, Mooty, Mooty & Bennett, Minneapolis, Minn., for appellant.

Donald A. Dweck, Atty., Dept. of Justice, Tax Div., Washington, D.C., Clifford E. Andrews and Ann Belanger Durney, Attys., Tax Div.; M. Carr Ferguson, Asst. Atty. Gen., Dept. of Justice, Washington, D.C., and Andrew W. Danielson, U.S. Atty., Minneapolis, Minn., for appellee.

Before BRIGHT and HENLEY, Circuit Judges, and HARPER, Senior District Judge.

PER CURIAM.

This is an appeal from a final judgment of the District Court1 ordering that the plaintiff take nothing by its cause of action and that the action be dismissed with prejudice. The Court has jurisdiction under 28 U.S.C. § 1346(a)(1).

For the purpose of providing some background the basic facts of the case are as follows: The plaintiff filed returns for its tax years 1964 and 1965 in timely fashion. When the tax...

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