RHODES REFRIGERATION, INC. v. UNITED STATES

No. 23685.

435 F.2d 1280 (1970)

RHODES REFRIGERATION, INC., a corporation, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

December 10, 1970.


Attorney(s) appearing for the Case

George M. Joseph (argued), of Morrison & Bailey, Portland, Or., for appellant.

Wm. L. Goldman (argued), Atty. Tax Div., Sidney I. Lezak, U. S. Atty., Jack Wong, Asst. U. S. Atty., Portland, Or., Johnnie M. Walters, Mitchell Rogovin, Asst. Attys. Gen., Lee A. Jackson, Chief, Appellate Section, Washington, D. C., for appellee.

Before HAMLEY and WRIGHT, Circuit Judges, and LINDBERG, District Judge.


PER CURIAM:

Rhodes Refrigeration, Inc. (Rhodes) paid for the period April 1, 1960 to March 31, 1964, $18,738.50 for excise taxes under section 4111 of the Internal Revenue Code of 1954, 68A Stat. 485. Rhodes sued in the district court under 28 U.S.C. § 1346(a) (1) to recover its payment plus interest and the Government counterclaimed for $63,432.22 of unpaid federal excise taxes plus interest which it claimed were still owing under section 4111. The district...

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