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FARGO FOUNDRY STEEL & MFG. CO. v. UNITED STATES

Civ. No. A3-75-28.

415 F.Supp. 1362 (1976)

FARGO FOUNDRY STEEL & MANUFACTURING CO., a North Dakota Corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. North Dakota, Southeastern Division.

July 14, 1976.

Attorney(s) appearing for the Case

Phillip B. Vogel, H. Patrick Weir, Vogel, Vogel, Brantner & Kelly, Fargo, N. D., for plaintiff.

Harold O. Bullis, U. S. Atty., Fargo, N. D., Robert G. Burt, Trial Atty., Tax Div., Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM OF DECISION AND ORDER

BENSON, Chief Judge.

Statement of The Case

This is a civil action against the United States for recovery of a manufacturer's excise tax assessed and collected with interest for the period from the second quarter of 1968 through the third quarter of 1971. The United States contends the Field Service Unit manufactured by Plaintiff is a "part or accessory" within the meaning of 26 U.S.C. § 4061(b), and...

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