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GOODYEAR TIRE & RUBBER CO. v. U.S.

No. 88-1201.

856 F.2d 170 (1988)

The GOODYEAR TIRE & RUBBER COMPANY and Affiliates, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 31, 1988.

Attorney(s) appearing for the Case

Barring Coughlin, Thompson, Hine and Flory, of Cleveland, Ohio, for plaintiff-appellant. With him on the brief was Stephen L. Buescher. Also on the brief was Deborah Z. Read, Thompson, Hine and Flory, of counsel.

David M. Moore, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were William S. Rose, Jr., Asst. Atty. Gen., Gary R. Allen and Robert S. Pomerance.

Before NEWMAN and BISSELL, Circuit Judges, and RE, Chief Judge.

BISSELL, Circuit Judge.

The Goodyear Tire & Rubber Company and Affiliates (collectively, Goodyear) appeal the decision of the United States Claims Court, Goodyear Tire & Rubber Co. v. United States, 14 Cl.Ct. 23 (1987), granting summary judgment to the United States and holding that Goodyear was not entitled to a tax refund. Judgment was entered dismissing the complaint. We reverse.

BACKGROUND

Goodyear Tire & Rubber Company (Goodyear...

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