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ERNEST & MARY HAYWARD WEIR FOUND. v. UNITED STATES

No. 71 Civ. 1370.

362 F.Supp. 928 (1973)

ERNEST AND MARY HAYWARD WEIR FOUNDATION, Plaintiff, v. The UNITED STATES of America, Defendant.

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

July 30, 1973.

Attorney(s) appearing for the Case

Proskauer, Rose, Goetz & Mendelsohn, New York City, for plaintiff; George G. Gallantz, New York City, of counsel.

Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., New York City, for defendant; Milton Sherman, Asst. U. S. Atty., of counsel.

ROBERT L. CARTER, District Judge.

OPINION

THE RELEVANT FACTS

Plaintiff initiated this action to recover $143,050.31, plus appropriate interest, which it claims to have erroneously paid as income tax. Jurisdiction of the court is founded upon 28 U. S.C. § 1346(a)(1). The parties cross moved for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure, and in accordance with the provisions of Rule 9(g) of the General Rules of this...

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