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BEAUDRY MOTOR CO. v. U.S.

No. 95-15508.

98 F.3d 1167 (1996)

BEAUDRY MOTOR CO., an Arizona corporation, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Memorandum Filed September 16, 1996.

Decided October 23, 1996.

Attorney(s) appearing for the Case

Gary R. Allen, Tax Division, United States Department of Justice, Washington, DC, for defendant-appellant.

Gregory V. Gadarian, Law Office of Gregory V. Gadarian, Tucson, AZ, for plaintiff-appellee.

Before: CHOY, O'SCANNLAIN, and LEAVY, Circuit Judges.

ORDER

The Memorandum disposition filed September 16, 1996, is redesignated as an authored Opinion by Judge Leavy.

OPINION

LEAVY, Circuit Judge:

The government appeals from the district court's entry of summary judgment in favor of Beaudry Motor Company ("Beaudry") on the latter's claim for a refund of overpaid taxes, arguing that the court should have rejected the claim as untimely. We review de novo, see Schwartz v. United States,<...

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