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FLINTKOTE CO. v. U.S.

No. 91-16618.

7 F.3d 870 (1993)

FLINTKOTE COMPANY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 18, 1993.

Attorney(s) appearing for the Case

Norman W. Goldin and Joseph A. Rieser, Jr., Reed Smith Shaw & McClay, Washington, DC, James P. Kleier, Morrison & Foerster, San Francisco, CA, for plaintiff-appellant.

Teresa E. McLaughlin, Tax Div., Dept. of Justice, Washington, DC, for defendant-appellee.

Before: NORRIS, HALL and FERNANDEZ, Circuit Judges.

OPINION

CYNTHIA HOLCOMB HALL, Circuit Judge:

The Flintkote Company ("Flintkote") appeals from the district court's judgment in favor of the government following cross-motions for summary judgment in this action for refund of federal income taxes plus interest paid by Flintkote for the years 1970-73. Flintkote contests the Internal Revenue Service's ("IRS") partial disallowance of Flintkote's deduction of $3.5 million paid to settle a large number of civil...

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