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UNION PACIFIC R. CO. v. U.S.

Appeal No. 87-1452.

847 F.2d 1567 (1988)

UNION PACIFIC RAILROAD COMPANY and Affiliated Companies, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 25, 1988.

Attorney(s) appearing for the Case

James P. Holden, Steptoe & Johnson, Washington, D.C., argued for plaintiff-appellant.

Francis M. Allegra, 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 David English Carmack.

Before RICH and NIES, Circuit Judges and NICHOLS, Senior Circuit Judge.

NICHOLS, Senior Circuit Judge.

Union Pacific Railroad Company and Affiliated Companies (Union Pacific) appeal the decision of the United States Claims Court, 9 Cl.Ct. 702 (1986) (Margolis, J.), denying Union Pacific recovery of statutory interest on overpayments of federal income and excess profits taxes incurred between tax years 1943 and 1945. We affirm.

I

Background

During World War II, Union Pacific, a Utah corporation, transported...

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