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FRAN CORP. v. U.S.

No. 98-6093.

164 F.3d 814 (1999)

FRAN CORP., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 21, 1999.

Attorney(s) appearing for the Case

Thomas A. Condon, Birbrower, Montalbano, Condon & Frank, P.C., New City, New York, for Plaintiff-Appellant.

Sarah Thomas and Gideon A. Schor, United States Department of Justice, United States Attorney for the Southern District of New York, for Defendant-Appellee.

Before: OAKES and WALKER, Circuit Judges, and COTE, District Judge.

COTE, District Judge:

Plaintiff-Appellant Fran Corp. ("Fran" or "Taxpayer") appeals from a March 2, 1998 judgment entered in the United States District Court for the Southern District of New York (Charles L. Brieant, District Judge), granting the United States' motion for summary judgment and denying plaintiff's crossmotion for summary judgment in its action seeking a refund of tax penalties. Plaintiff argued below...

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