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UNITED STATES v. KROGER CO.

No. C-1-81-992.

566 F.Supp. 1432 (1983)

UNITED STATES of America, Plaintiff, v. The KROGER COMPANY, Defendant.

United States District Court, S.D. Ohio, W.D.

July 8, 1983.

Attorney(s) appearing for the Case

James H. Jeffries, III, Robert G. Nath, Tax Div., Dept. of Justice, Washington, D.C., Nicholas J. Pantel, Asst. U.S. Atty., Cincinnati, Ohio, for plaintiff.

Lawrence E. Barbiere, Cincinnati, Ohio, Arnold & Porter, Washington, D.C., for defendant.

ORDER GRANTING PETITIONERS' MOTION FOR SUMMARY JUDGMENT

CARL B. RUBIN, Chief Judge.

This matter is before the Court upon cross-Motions for Summary Judgment (Doc. Nos. 8, 9) and extensive memoranda of the parties. (Doc. Nos. 10, 11, 15, and 17). For the reasons stated herein, the petitioners' Motion for Summary Judgment is GRANTED and the respondents' Motion for Summary Judgment is DENIED.

I. Introduction

Petitioners, the United States...

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