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EXECUTIVE JET AVIATION, INC. v. U.S.

No. 96-5093.

125 F.3d 1463 (1997)

EXECUTIVE JET AVIATION, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 18, 1997.

Attorney(s) appearing for the Case

Margaret K. Pfeiffer, Sullivan & Cromwell, Washington, DC, argued for plaintiff-appellant. With her on brief were Samantha E. Ross, Washington, DC, and Kendyl K. Monroe, of New York City.

Joan I. Oppenheimer, Tax Division, Department of Justice, Washington, DC, argued for defendant-appellee. With her on brief were Loretta C. Argrett, Assistant Attorney General, and Teresa E. McLaughlin. Of counsel was Gary R. Allen, Chief, Appellate Section.

Before RICH, SCHALL, and BRYSON, Circuit Judges.

SCHALL, Circuit Judge.

Executive Jet Aviation, Inc. ("EJA") appeals from the judgment of the United States Court of Federal Claims dismissing EJA's complaint seeking a tax refund. On cross-motions for summary judgment, the court held that EJA was not entitled to a refund of $15,674.60. Executive Jet Aviation v. United States, Slip Op. No. 95-7T (March 29, 1996). This sum represents the difference between the total air transportation taxes that were paid pursuant...

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