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CENTRAL COAT, APRON & LINEN SERVICE, INC. v. UNITED STATES

Nos. 65 Civ. 3258, 66 Civ. 1207.

298 F.Supp. 1201 (1969)

CENTRAL COAT, APRON & LINEN SERVICE, INC., Plaintiff, v. UNITED STATES of America, Defendant (two cases).

United States District Court S. D. New York.

May 6, 1969.

Attorney(s) appearing for the Case

Mervin C. Pollak, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, for defendant (Grant B. Hering, Asst. U. S. Atty., of counsel).

OPINION

RYAN, District Judge.

Plaintiff moves for summary judgment in both of these actions. Jurisdiction and venue are not questioned. I find no factual issue present.

The actions were filed under Title 28 U.S.C. Section 1346(a) (1) for recovery of federal corporate income taxes. No. 65 Civil 3258 seeks a refund of taxes paid by plaintiff for the year 1960; No. 66 Civil 1207 for the year 1961. Three separate claims are alleged: one in No. 65 Civil...

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