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BUILDERS FINANCE COMPANY, INC. v. UNITED STATES

Civ. A. Nos. 27362, 27250 and 27475.

352 F.Supp. 491 (1970)

BUILDERS FINANCE COMPANY, INC., Plaintiff, v. UNITED STATES of America and R. I. Nixon, former District Director of Internal Revenue, Defendants. William F. MUELLER, Plaintiff, v. UNITED STATES of America and R. I. Nixon, former District Director of Internal Revenue, Defendants. Michael J. MALONE, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E. D. Michigan, S. D.

December 24, 1970.

Attorney(s) appearing for the Case

Mitchell Rogovin, by David A. Wilson, Jr., Johnnie M. Walters, Asst. Atty. Gen., Donald R. Anderson and James P. Heffernan, Attys., Dept. of Justice, Washington, D. C., Ralph B. Guy, U. S. Atty., and John H. Hausner, Asst. U. S. Atty., for the United States.

Frederick W. Heath, of Shea, Shea, Heath & Solner, Birmingham, Mich., for William F. Mueller.

J. Bruce Donaldson, of Chirco, Donaldson, Ruwart & Musgrove, Detroit, Mich., for Michael J. Malone.

Dale C. Campbell, Detroit, Mich., for Builders Finance Co.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

McCREE, Circuit Judge (sitting by designation).

1. These are actions, consolidated for trial, brought by plaintiffs William F. Mueller and Michael J. Malone, citizens of the United States and of the State of Michigan, and Builders Finance Company, Inc., a Michigan corporation with offices in Detroit, Michigan, to recover amounts collected by the Internal Revenue Service under the penalty provisions of the Internal...

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