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ASH GROVE LIME & PORTLAND CEMENT CO. v. UNITED STATES

No. 524.

128 F.Supp. 387 (1955)

ASH GROVE LIME & PORTLAND CEMENT COMPANY, a Corporation, v. The UNITED STATES.

United States Court of Claims.

February 8, 1955.

Attorney(s) appearing for the Case

G. Lee Burns, Kansas City, Mo., for plaintiff. Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, Mo., were on the briefs.

Girard R. Jetton, Jr., Washington, D. C., with whom was Asst. Atty. Gen., H. Brian Holland, for defendant. Andrew D. Sharpe and Andrew F. Oehmann, Washington, D. C., were on the briefs.

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

LITTLETON, Judge.

The plaintiff corporation sues to recover $3,191.76 as interest with interest thereon. The case is before us on cross-motions for summary judgment. The facts necessary to the decision can be briefly stated. The plaintiff filed its tax returns on a calendar-year basis. On March 24, 1945, the plaintiff filed a claim for refund of excess profits tax for 1942, on the ground that there should be included in its unused excess profits credit adjustment...

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