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DAVAR PRODUCTS, INC. v. UNITED STATES

245 F.Supp. 460 (1965)

DAVAR PRODUCTS, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

July 7, 1965.

Attorney(s) appearing for the Case

David Scher, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty. Southern District of New York, for defendant; Harvey R. Blau, Asst. U. S. Atty., of counsel.

LEVET, District Judge.

This is an action for refund of excise taxes in the sum of $5,699.47, plus interest, under 28 U.S.C. § 1346(a) (1). The periods covered were the third and fourth quarters of 1958 and the four quarters of 1959.

The plaintiff is engaged in the importation and sale of housewares and giftwares manufactured in Japan. During the periods in question plaintiff imported and sold certain germanium diode radio receiving sets (Exs. 1-4) manufactured...

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