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THOMPSON/CENTER ARMS CO. v. U.S.

No. 90-5091.

924 F.2d 1041 (1991)

THOMPSON/CENTER ARMS COMPANY, A DIVISION OF THE K.W. THOMPSON TOOL COMPANY, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied March 29, 1991.

Attorney(s) appearing for the Case

Stephen P. Halbrook, Fairfax, Va., argued, for plaintiff-appellant.

Calvin C. Curtis, Dept. of Justice, Washington, D.C., argued, for defendant-appellee. With him on the brief were Shirley D. Peterson, Asst. Atty. Gen., Gary R. Allen and Gilbert S. Rothenberg.

Before RICH, MAYER, and MICHEL, Circuit Judges.

OPINION

MAYER, Circuit Judge.

Thompson/Center Arms Company, a division of the K.W. Thompson Tool Company, Inc. (Thompson), appeals the judgment of the United States Claims Court dismissing its tax refund complaint. See 19 Cl.Ct. 725 (1990). We reverse.

Background

Thompson is a federally licensed sporting arms manufacturer. It has designed and manufactures for hunting, target shooting, and other sporting purposes a single shot...

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