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CHICAGO MILWAUKEE CORP. v. U.S.

No. 96-5113.

141 F.3d 1112 (1998)

CHICAGO MILWAUKEE CORPORATION, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined June 25, 1998.

Attorney(s) appearing for the Case

Joel J. Africk, Jenner & Block, Chicago, IL, argued, for plaintiff-appellant. With him on the brief were Jerold S. Solovy, Jeffrey T. Shaw, and Theodore T. Eidukas.

Joan Oppenheimer, Attorney, Appellate Section, Tax Division, U.S. Department of Justice, Washington, DC, argued, for defendant-appellee. With her on the brief were Loretta C. Argrett, and David I. Pincus. Of counsel was Gary R. Allen, Chief, Appellate Section.

Before MAYER, Chief Judge, RADER and BRYSON, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined June 25, 1998.

MAYER, Chief Judge.

Chicago Milwaukee Corporation appeals the United States Court of Federal Claims' judgment, Chicago Milwaukee Corp. v. United States, 35 Fed. Cl. 447 (1996), denying the company a tax refund. We affirm.

Background

The parties stipulate the facts. Chicago Milwaukee succeeds the Chicago, Milwaukee, St. Paul and Pacific Railroad (Railroad...

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