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FLAMINGO RESORT, INC. v. UNITED STATES

No. 80-5318.

664 F.2d 1387 (1982)

FLAMINGO RESORT, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 7, 1982.

Rehearing and Rehearing Denied April 2, 1982.

Attorney(s) appearing for the Case

Stephen L. Morris, Lionel, Sawyer & Collins, Las Vegas, Nev., for plaintiff-appellant.

Daniel Ross, Washington, D. C., argued, for the U. S.; M. Carr Ferguson, Asst. Atty. Gen., Washington, D. C., on brief.

Before SNEED, TANG and PREGERSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 2, 1982.

SNEED, Circuit Judge:

The taxpayer, Flamingo Resort, Inc. (Flamingo), appeals from summary judgment by the district court in favor of the government. See Flamingo Resort, Inc. v. United States, 485 F.Supp. 926 (D.Nev.1980). The action was instituted initially by Flamingo to recover monies, plus interest, paid by it pursuant to the assertion by the Commissioner...

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