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STORM PLASTICS, INC. v. UNITED STATES

No. 83-1661.

770 F.2d 148 (1985)

STORM PLASTICS, INC., Plaintiff-Appellant, v. The UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 20, 1985.

Attorney(s) appearing for the Case

R. Gordon Appleman (William R. Laney, Laney, Dougherty, Hessin & Beavers, Oklahoma City, Okl., with him on briefs), Kelly, Appleman, Hart & Hallman, Fort Worth, Texas, for plaintiff-appellant.

Murray S. Horwitz, Dept. of Justice, Washington, D.C. (Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup and Richard W. Perkins, Dept. of Justice, Washington, D.C., and William S. Price, U.S. Atty., Oklahoma City, Okl., with him on brief), for defendant-appellee.

Before BARRETT, BREITENSTEIN and TIMBERS, Circuit Judges.

BARRETT, Circuit Judge.

Storm Plastics, Inc. (taxpayer), instituted this action seeking refund of manufacturers excise taxes. The government counterclaimed for additional taxes, interest, and penalties. After trial to the court, taxpayer's refund claim was dismissed. On the government's counterclaim, the court adjudged taxpayer to be indebted to the United States in the amount of $106,033.37. Taxpayer appeals from this latter award.

Prior to trial, the parties...

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