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DILLON, READ & CO., INC. v. U.S.

No. 89-1001.

875 F.2d 293 (1989)

DILLON, READ & CO., INC., Dillon, Read & Co., Dillon, Read Overseas Corp., Dillon, Read Real Estate Inc. and Nassau Associates, Inc., Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 16, 1989.

Attorney(s) appearing for the Case

John V. Thornton, Whitman & Ransom, New York City, for plaintiffs-appellants. George J. Noumair and Michael T. Kiesel, Whitman & Ransom, of New York City, were on the brief, for plaintiffs-appellants.

Calvin C. Curtis, Dept. of Justice, Washington, D.C., for defendant-appellee. With him on the brief were James I. K. Knapp, Acting Asst. Atty. Gen., Gary R. Allen and Richard Farber. William S. Rose, Jr., Dept. of Justice, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, NICHOLS, Senior Circuit Judge, and NEWMAN, Circuit Judge.

NICHOLS, Senior Circuit Judge.

Dillon, Read & Co. Inc. (Dillon, Read) and Affiliates appeal from the judgment of the United States Claims Court, Dillon, Read & Co. Inc. v. United States, 15 Cl.Ct. 246 (1988), granting the United States' motion for summary judgment. We vacate and remand.

I. Background

This is one more of the now lengthy series of tax cases in the lower federal courts dealing with a belief on the part of the Internal...

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