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PACIFIC CAR AND FOUNDRY COMPANY v. UNITED STATES

Civ. A. No. 6823.

284 F.Supp. 287 (1968)

PACIFIC CAR AND FOUNDRY COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court W. D. Washington, N. D.

January 2, 1968.

Attorney(s) appearing for the Case

Thomas Todd, of Helsell, Paul, Fetterman, Todd & Hokanson, Seattle, Wash., for plaintiff.

Eugene G. Cushing, U. S. Atty., Albert E. Stephan, Asst. U. S. Atty., Seattle, Wash., Mitchell Rogovin, Jerome Fink, W. Forbes Ramsey, Tax Division, Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM OPINION

LINDBERG, Chief Judge.

This is an action for the recovery of excise taxes paid by K-W Dart Truck Co. on the sale of certain vehicle parts. The parts in question were purchased by K-W Dart Truck Co. from the original manufacturers and resold by K-W Dart for eventual use as replacement parts on off-highway vehicles manufactured by K-W Dart. At least 95% of these parts were actually used as replacement parts on K-W Dart off-highway vehicles...

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