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EARL GLASS CO. v. UNITED STATES

Civ. No. 319.

197 F.Supp. 707 (1961)

EARL GLASS CO., Inc., a Corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Nevada.

July 20, 1961.

Attorney(s) appearing for the Case

Edwin A. Adamson and Deaner, Butler & Adamson, Las Vegas, Nev., for plaintiff.

Howard W. Babcock, U. S. Atty. for District of Nevada, and Raymond E. Sutton, Asst. U. S. Atty. for District of Nevada, Las Vegas, Nev., Arthur L. Biggins, Attorney, Department of Justice, Washington, D. C., Louis F. Oberdorfer, Asst. Atty. Gen., Lyle M. Turner and Fred J. Neuland, Attorneys, Department of Justice, Washington, D. C., on the brief, for defendant.

ROSS, Chief Judge.

This is an action brought under 28 U.S.C. § 1346(a) (1), whereby plaintiff seeks to recover certain excise taxes which were allegedly erroneously or illegally assessed and collected by the defendant.

Plaintiff is engaged in a glass business in Las Vegas, Nevada. It purchases glass from manufacturers and distributors in certain cut sizes. When a customer places a specific order for glass, the plaintiff cuts the glass by use of a simple...

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