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KOPPERS CO. v. UNITED STATES

No. 78-52.

117 F.Supp. 181 (1953)

KOPPERS CO., Inc. v. UNITED STATES.

United States Court of Claims.

December 1, 1953.

Attorney(s) appearing for the Case

David W. Richmond, Washington, D. C., for plaintiff.

Frederick O. Graves, Miller & Chevalier, Washington, D. C., E. S. Ruffin, Jr., and C. M. Crick, Pittsburgh, Pa., were on the brief.

Elizabeth B. Davis and John E. Garvey, Washington, D. C., with whom was H. Brian Holland, Asst. Atty. Gen., for defendant.

Andrew D. Sharpe and Ellis N. Slack, Washington, D. C., were on the brief.

Before JONES, Chief Judge, and LITTLETON, WHITAKER and MADDEN, Judges.

LITTLETON, Judge.

Plaintiff sues to recover $273,143.19, plus interest, claiming that such amount represents an illegal collection and overpayment of interest on "potential" excess profits tax deficiencies of $199.854.52 and $330,981.62 for the years 1940 and 1941, respectively. These "potential" deficiencies, which, under the law and the facts of plaintiff's case for the years involved, the plaintiff was never required to pay, and which, at the time they were computed...

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