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YANKEE ATOMIC ELEC. CO. v. UNITED STATES

Appeal No. 85-2275.

782 F.2d 1013 (1986)

YANKEE ATOMIC ELECTRIC CO., Appellee, v. The UNITED STATES, Appellant.

United States Court of Appeals, Federal Circuit.

January 29, 1986.

Attorney(s) appearing for the Case

Francis M. Allegra, Tax Div., Dept. of Justice, Washington, D.C., argued for appellant. With him on the brief were Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup and Richard Farber.

John S. Nolan, Miller & Chevalier, Chartered, Washington, D.C., argued for appellee. With him on the brief were Harry K. Mansfield, Ropes & Gray, Boston, Mass., and F. Brook Voght and Keith D. Lawson, of Miller & Chevalier, Chartered.

Before BALDWIN, Circuit Judge, NICHOLS, Senior Circuit Judge, and KASHIWA, Circuit Judge.

NICHOLS, Senior Circuit Judge.

This is an appeal from the Claims Court in a suit for income tax refund. In an unpublished bench opinion, former Chief Judge Kozinski granted a motion by plaintiff-appellee for summary judgment. By stipulation, the judgment was set at $1,311,843.65, plus interest and costs. We affirm.

Facts

Appellee corporation (taxpayer) owns and operates as substantially its sole asset and business an atomic generating facility...

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