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KRAFT, INC. v. U.S.

Nos. 94-5163, 95-5007.

85 F.3d 602 (1996)

KRAFT, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

June 5, 1996.

Attorney(s) appearing for the Case

James L. Malone, III, McDermott, Will & Emory, Chicago, Illinois, argued, for plaintiff-appellant. With him on the brief, were Don S. Harnack, William L. Goldman and Wade S. Leathers.

David Gustafson, Attorney, Department of Justice, Washington, D.C., argued, for defendant/cross-appellant. With him on the brief, were Loretta C. Argrett, Assistant Attorney General, Gary R. Allen and Kenneth L. Greene, Attorneys.

Before PLAGER, Circuit Judge, COWEN and NIES, Senior Circuit Judges.

NIES, Senior Circuit Judge.

This case raises a jurisdictional question respecting the timeliness of the appeals. Kraft, Inc., seeks to appeal and the government to cross-appeal the merits of a judgment of the United States Court of Federal Claims which granted part of Kraft's tax refund claims for the years 1972 and 1976 and denied any refund for claims made for the five other years in suit. We conclude that Kraft's motion for reconsideration filed April 8, 1994,...

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