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FORD MOTOR COMPANY v. UNITED STATES

No. 231-56.

156 F.Supp. 554 (1957)

FORD MOTOR COMPANY v. UNITED STATES.

United States Court of Claims.

December 4, 1957.

Attorney(s) appearing for the Case

Clarence E. Dawson, Washington, D. C., for plaintiff. William T. Gossett, Alan L. Gornick, Dearborn, Mich., James A. Lee, Bay City, Mich., and Clifton S. Hall, Dearborn, Mich., were on the brief.

J. W. Hussey, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. James P. Garland, Washington, D. C., was on the brief.

Henry B. Weaver, Jr., Washington, D. C., for Philco Corp., amicus curiae; Thomas M. Cooley II, and Weaver & Glassie, Washington, D. C., were on the brief.

WHITAKER, Judge.

Plaintiff sues to recover excise taxes on amounts expended by it to discharge its obligation under its established policy and under its ninety-day warranty on automobiles sold by it to its dealers. Ninety days is the warranty period customary in the trade. We think its case is ruled by our decision in General Motors Corp., Frigidaire Division v. United States, Ct.Cl., 147 F.Supp. 739.

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