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UNITED STATES v. ATLANTIC & EAST CAROLINA RAILWAY CO.

Civ. No. 497.

238 F.Supp. 551 (1964)

UNITED STATES of America, Plaintiff, v. ATLANTIC & EAST CAROLINA RAILWAY CO., Defendant.

United States District Court E. D. North Carolina, New Bern Division.

December 16, 1964.

Attorney(s) appearing for the Case

Robert H. Cowen, U. S. Atty., Raleigh, N. C., H. L. Moody, Department of Justice, Washington, D. C., for plaintiff.

W. T. Joyner, Jr., Joyner & Howison, Raleigh, N. C., for defendant.

LARKINS, District Judge.

SUMMARY

This cause comes before the Court upon a motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, said motion being based upon a civil action by plaintiff, the United States of America, to recover a tax refund of $12,310.05 plus interest, pursuant to Title 26, U.S.C.A. § 7405 (b).

The plaintiff contends that the refund was erroneously...

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