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MATSON NAVIGATION COMPANY v. UNITED STATES

No. 636-53.

130 F.Supp. 357 (1955)

MATSON NAVIGATION COMPANY v. The UNITED STATES.

United States Court of Claims.

April 5, 1955.

Attorney(s) appearing for the Case

Hart H. Spiegel, San Francisco, Cal., for plaintiff. Theodore R. Meyer and Brobeck, Phleger & Harrison, San Francisco, Cal., were on the briefs.

Elizabeth B. Davis, with whom was H. Brian Holland, Asst. Atty. Gen., for defendant. Andrew D. Sharpe, Washington, D. C., was on the briefs.

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

LARAMORE, Judge.

The plaintiff sues to recover $43,843.62 with interest. Both parties have moved for summary judgment. The plaintiff duly filed its excess profits tax return on March 15, 1945, for the calendar year 1944 and paid its 1944 excess profits tax in the amount of $2,028,231.73 ($2,253,590.81 less 10 percent credit under section 784 of the Internal Revenue Code of $225,359.08) in the following quarterly installments: (1) $563,397.71 on March 15, 1945; (2...

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