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APOLLO FUEL OIL v. U.S.

Docket No. 99-6101

195 F.3d 74 (1999)

APOLLO FUEL OIL, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: November 4, 1999.

Attorney(s) appearing for the Case

Frank Agostino, Hackensack, New Jersey (Calo Agostino, Hackensack, New Jersey, on the brief), for Plaintiff-Appellant.

Ellen Page Delsole, Washington, D.C. (Loretta C. Argrett, Assistant Attorney General, Bruce R. Ellisen, Tax Division, Department of Justice, Washington, D.C., on the brief), for Defendant-Appellee.

Before: KEARSE, MINER, and LEVAL, Circuit Judges.

PER CURIAM.

Plaintiff Apollo Fuel Oil ("Apollo") appeals from a judgment entered in the United States District Court for the Eastern District of New York, following a trial on consent pursuant to 28 U.S.C. § 636(c)(1) (1994) before Roanne L. Mann, Magistrate Judge, dismissing Apollo's complaint seeking the refund of a tax penalty imposed by the Internal Revenue Service ("IRS") pursuant to 26 U.S.C. § 6715(a)(2) (Supp. III 1997). The penalty was imposed...

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