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MAR MONTE CORPORATION v. UNITED STATES

No. 72-1698.

503 F.2d 254 (1974)

MAR MONTE CORPORATION, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

September 5, 1974.

Attorney(s) appearing for the Case

Barry A. Johnson (argued), of Cotton, Seligman & Ray, San Francisco, Cal., for appellant.

Carleton D. Powell, Atty. (argued), U. S. Dept. of Justice, Washington, D. C., for appellee.

Before MOORE, ELY, and CHOY, Circuit Judges.

OPINION

ELY, Circuit Judge:

Mar Monte Corporation [hereinafter "Mar Monte"] appeals from the District Court's summary judgment in favor of the Government. The controversy involved a claim for refund of federal income taxes in the amount of $10,606, plus interest, paid by Mar Monte for its taxable year ending November 30, 1959. Since the facts are undisputed, disposition by summary judgment was appropriate. Fed.R.Civ.P. 56(c).

In August, 1960, Mar...

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