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PHILADELPHIA & READING CORP. v. UNITED STATES

No. 592-77.

602 F.2d 338 (1979)

PHILADELPHIA AND READING CORPORATION and Southern Carbon Corporation v. The UNITED STATES.

United States Court of Claims.

July 18, 1979.

Attorney(s) appearing for the Case

Michael F. Duhl, Chicago, Ill., for plaintiffs; Charles W. Davis, Chicago, Ill., atty. of record. Lawrence M. Dubin and Hopkins, Sutter, Mulroy, Davis & Cromartie, Chicago, Ill., of counsel.

Bruce W. Reynolds, Washington, D.C., with whom was Asst. Atty. Gen. M. Carr Ferguson, Washington, D.C., for defendant; Theodore D. Peyser, Jr., and Robert S. Watkins, Washington, D.C., of counsel.

Before NICHOLS, KUNZIG and BENNETT, Judges.

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

BENNETT, Judge:

Plaintiffs, Philadelphia and Reading Corporation (P&R) and Southern Carbon Corporation, seek to recover overpayments of federal income taxes and interest for the taxable years 1958 and 1959. The case, which is before the court on cross-motions for summary judgment, involves a question of first impression of whether a corporation which is a transferee...

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