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SUPER MARKETS, INC. v. UNITED STATES

Civ. No. 7251.

194 F.Supp. 291 (1961)

SUPER MARKETS, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court N. D. New York.

May 16, 1961.

Attorney(s) appearing for the Case

Harold E. Blodgett, Schenectady, N. Y., for plaintiff.

Justin J. Mahoney, U. S. Atty., Syracuse, N. Y. (Louis F. Oberdorfer, Asst. Atty. Gen., Lyle M. Turner, Jerome Fink, R. Michael Duncan, Attys., Dept. of Justice, Washington, D. C., of counsel), for defendant.

JAMES T. FOLEY, District Judge.

This suit for the recovery of income taxes alleged to have been erroneously and illegally collected from the plaintiff taxpayer presents a limited and narrow question. The case was tried to the Court but there is no real dispute as to the factual situation involved nor serious conflict as to the inferences to be drawn. Decision involves simply the construction of particular terminology of...

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