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RJR NABISCO, INC. v. U.S.

No. 91-8248.

955 F.2d 1457 (1992)

RJR NABISCO, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied April 15, 1992.

Attorney(s) appearing for the Case

Wayne S. Kaplan, Mayer, Brown & Platt, Chicago, Ill., Andrew L. Frey, Mayer, Brown & Platt, Washington, D.C., for plaintiff-appellant.

Gary R. Allen, Kevin M. Brown, Brian C. Griffin, Robert S. Pomerance, U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before KRAVITCH and EDMONDSON, Circuit Judges, and HENDERSON, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

Plaintiff RJR Nabisco, Inc. ("Nabisco") filed an income tax action in the United States District Court for the Northern District of Georgia seeking a refund of interest it had paid under protest to the Internal Revenue Service ("IRS"). Nabisco moved for summary judgment, and the government similarly cross-motioned. The district court denied Nabisco's motion and entered an order granting summary judgment on behalf of the government.

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