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CITIES SERVICE COMPANY v. UNITED STATES

No. 67 Civ. 4606.

316 F.Supp. 61 (1970)

CITIES SERVICE COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, S. D. New York.

July 23, 1970.

Attorney(s) appearing for the Case

Robert J. Casey, New York City, for plaintiff; Thomas E. Tyre, John A. Craig, John K. Antholis, Casey, Tyre, Wallace & Bannerman, James W. Robinson, Frueauff, Farrell, Sullivan & Bryan, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., S. D. New York, by Brian J. Gallagher, Asst. U. S. Atty., New York City, for defendant.

MANSFIELD, District Judge.

In this action brought pursuant to 26 U.S.C. § 7422 and 28 U.S.C. § 1346(a) for the refund of taxes paid during the taxable years 1953 and 1954, defendant United States has moved for summary judgment. Plaintiff counters that there are fundamental unresolved issues of fact requiring denial of the motion, and argues in the alternative that if summary judgment is to be granted, it must...

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