IMPERIAL COLLIERY CO., INC. v. UNITED STATES

No. 81-2440.

599 F.Supp. 653 (1984)

IMPERIAL COLLIERY COMPANY, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

November 21, 1984.


Attorney(s) appearing for the Case

James H. Nix, Louis S. Southworth, W. Henry Jernigan, Jr., Jackson, Kelly, Holt & O'Farrell, Charleston, W.Va., for plaintiff.

Michael W. Carey, Asst. U.S. Atty., S.D. W.Va. at Charleston, Sarah Hunt, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendant.


MEMORANDUM ORDER

DENNIS R. KNAPP, District Judge.

Plaintiff filed this action on November 3, 1981, pursuant to the provisions of 28 U.S.C. § 1346(a)(1), for the recovery of federal income taxes, plus interest, alleged to have been erroneously and improperly assessed by the defendant. The matter is presently pending before the Court on cross-motions for summary judgment. The undisputed facts of this case are as follows:

Plaintiff, a West Virginia...

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