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D. I. OPERATING CO. v. UNITED STATES

Civ. Nos. 313-315.

239 F.Supp. 78 (1965)

D. I. OPERATING CO., a Nevada corporation, Plaintiff, and United Resort Hotels, Inc., a Delaware corporation, as successor to United Hotels Corporation, a dissolved Delaware corporation, as successor to Wilbur Clark's Desert Inn Co., a dissolved Nevada corporation, Plaintiff, and Desert Inn Operating Company, a Nevada corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Nevada.

January 4, 1965.

Attorney(s) appearing for the Case

J. A. Donnelley, San Diego, Cal., for all plaintiffs.

John W. Bonner, U. S. Atty., Robert S. Linnell, Chief Asst. U. S. Atty., Las Vegas, Nev., Jerome Fink, Burton A. Schwalb, Department of Justice, Washington, D. C., for defendant.

ROGER D. FOLEY, Chief Judge.

This is an action by a taxpayer to recover excise taxes, plus interest, paid under protest. These three cases were consolidated and tried to the Court. The three corporate plaintiffs, herein called the "Desert Inn", seek to recover One Hundred Sixty-three Thousand Three Hundred Ten and 87/100 Dollars ($163,310.87), plus interest, in wagering taxes paid under protest for the period April, 1953, through April, 1959.

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