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DAIRY HOME COMPANY v. UNITED STATES

No. 3-58 Civ. 401.

180 F.Supp. 92 (1960)

DAIRY HOME COMPANY, a Minnesota corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Minnesota, Third Division.

January 20, 1960.

Attorney(s) appearing for the Case

Lee N. Johnson, St. Paul, Minn. (Bundlie & Kelley, St. Paul, Minn., of counsel), for plaintiff.

Charles K. Rice, Asst. Atty. Gen., James P. Garland, Jerome Fink and Jack F. Blair, Attys., Dept. of Justice, Washington, D. C., Fallon Kelly, U. S. Atty., St. Paul, Minn., for defendant.

DONOVAN, District Judge.

By this action Dairy Home Company, plaintiff (hereinafter referred to as Dairy), is suing the United States of America for a refund of federal income taxes and interest thereon, paid by it for the calendar year ending December 31, 1952. Defendant admits payment of the taxes and claim for refund by Dairy without notice of disallowance within six months from the filing of said claim. Dairy claims that, due to inadvertence, it failed to include...

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