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CONSOLIDATED EDISON CO. OF NEW YORK v. UNITED STATES

162 F.Supp. 854 (1958)

CONSOLIDATED EDISON COMPANY OF NEW YORK, Inc., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

June 5, 1958.

Attorney(s) appearing for the Case

Whitman, Ransom & Coulson, New York City, for plaintiff. James K. Polk, Harold F. Noneman and Julius M. Jacobs, New York City, of counsel.

Paul W. Williams, U. S. Atty., for the Southern District of New York, New York City, for United States of America. Gerard L. Goettel, Asst. U. S. Atty., New York City, of counsel.

PALMIERI, District Judge.

The Government moves for summary judgment solely on the ground that prior litigation between the same parties, disposed of by the Court of Claims, bars the prosecution of this suit by the plaintiff.1 Plaintiff's suit is to recover an alleged overpayment of taxes for the calendar year 1951. The overpayment is alleged to arise because (1) the District Director of Internal Revenue has disallowed plaintiff's claim...

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