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ASSOCIATED WHOLESALE GROCERS, INC. v. U.S.

No. 89-3287.

927 F.2d 1517 (1991)

ASSOCIATED WHOLESALE GROCERS, INC., and its subsidiary, Super Market Developers, Inc., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 15, 1991.

Attorney(s) appearing for the Case

Joel B. Voran (H. David Barr, with him on the briefs), Gage & Tucker, Overland Park, Kan., for plaintiffs-appellants.

Kimberly S. Stanley (Benjamin L. Burgess, Jr., U.S. Atty., Topeka, Kan., Shirley D. Peterson and Gary R. Allen, with her on the briefs), Dept. of Justice, Washington, D.C., for defendant-appellee.

Before SEYMOUR, MOORE and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

Associated Wholesale Grocers, Inc. and its wholly-owned subsidiary, Super Market Developers, Inc. (collectively, "taxpayer"), appeal the district court's order denying their motion for summary judgment and granting summary judgment in favor of the Internal Revenue Service ("IRS"). Taxpayer seeks to recognize a business loss and claim a refund of federal income taxes. See Associated Wholesale Grocers, Inc. v. United States,

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