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PHILCO CORPORATION v. UNITED STATES

Civ. A. No. 28000.

214 F.Supp. 892 (1963)

PHILCO CORPORATION v. UNITED STATES of America.

United States District Court E. D. Pennsylvania.

March 14, 1963.

Attorney(s) appearing for the Case

William R. Spofford, Robert R. Batt, Philadelphia, Pa., for plaintiff, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., Weaver & Glassie, Washington, D. C., of counsel.

Drew J. T. O'Keefe, U. S. Atty., Philadelphia, Pa., Louis F. Oberdorfer, Asst. Atty. Gen., Edward S. Smith, David A. Wilson, Jr., John M. Hammerman, Dept. of Justice, Washington, D. C., for defendant.

JOSEPH S. LORD, III, District Judge.

This is a suit for refund of Federal Manufacturers Excise Tax (26 U.S.C.A. § 4061 et seq.) by plaintiff, a Pennsylvania corporation engaged in the manufacture and sale at wholesale of electronic equipment and appliances, such as radio and television sets, refrigerators and home freezers. Excise tax is paid by plaintiff, the manufacturer of these items, and is based upon the price charged plaintiff's vendees.

The claim...

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