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LANE BRYANT, INC. v. U.S.

No. 92-5022.

35 F.3d 1570 (1994)

LANE BRYANT, INC. and The Limited, Inc., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 21, 1994.

Attorney(s) appearing for the Case

Michael F. Solomon, Ivins, Phillips & Barker, Washington, DC, argued for plaintiff-appellant. With him on the brief was David M. Weil.

Charles Bricken, Atty., Dept. of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were James A. Burton, Acting Asst. Atty. Gen., Gary R. Allen and Gilbert S. Rothenberg, Attys.

Before RICH, MICHEL, and PLAGER, Circuit Judges.

PLAGER, Circuit Judge.

This tax case arose in the wake of an unsuccessful hostile takeover attempt in the early 1980s. Plaintiff-Appellant Lane Bryant, Inc. and its parent corporation The Limited, Inc.,1 (Lane) appeal a Court of Federal Claims judgment in favor of Defendant-Appellee the United States, No. 246-89T (Sept. 25, 1991), that Lane was not entitled to a tax refund because no portion of the premium Lane paid to recover its stock...

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