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MORTON-NORWICH PRODUCTS v. UNITED STATES

No. 83-77.

602 F.2d 270 (1979)

MORTON-NORWICH PRODUCTS, INC., a corporation v. The UNITED STATES.

United States Court of Claims.

July 18, 1979.

Attorney(s) appearing for the Case

Frank A. Wollaeger, Chicago, Ill., attorney of record, for plaintiff; Morgan J. Ordman, Frank R. Krok, McBride, Baker, Wienke & Schlosser, Chicago, Ill., of counsel.

D. Patrick Mullarkey, Washington, D.C., with whom was Asst. Atty. Gen. M. Carr Ferguson, Washington, D.C., for defendant; Theodore D. Peyser, Jr., Washington, D.C., of counsel.

Before NICHOLS, KUNZIG, and BENNETT, Judges.

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

BENNETT, Judge:

Plaintiff, Morton-Norwich Products, Inc., seeks refunds for overpayments of federal income taxes and interest for tax years 1965 through 1973. The case, which presents various claims for refund, is before the court on cross-motions for summary judgment.

In Counts II and VI of the petition, taxpayer claims refunds for a loss deductible under...

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