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DuPONT GLORE FORGAN INC. v. AMERICAN TEL. & TEL. CO.

No. 73 Civil 2447.

428 F.Supp. 1297 (1977)

DuPONT GLORE FORGAN INCORPORATED et al., Plaintiffs, v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY et al., Defendants and Third-Party Plaintiffs, v. UNITED STATES of America, Third-Party Defendant.

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

March 23, 1977.

Attorney(s) appearing for the Case

Nickerson, Kramer, Lowenstein, Nessen, Kamin & Soll, New York City, for plaintiffs; Eugene H. Nickerson, Robert M. Heller, Michael S. Oberman, Greg A. Danilow, New York City, of counsel.

Davis, Polk & Wardwell, New York City, for defendants and third-party plaintiffs; Guy Miller Struve, Hiram D. Gordon, L. Gordon Harriss, New York City, of counsel.

Daniel R. Murdock, Acting U. S. Atty., S. D. N. Y., New York City, for United States; William G. Ballaine, Asst. U. S. Atty., New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiffs commenced this class action to recover communications excise taxes which they allege were overcollected by defendants, acting as statutory collecting agents for the government. The plaintiffs are users of "Centrex" systems,1 a form of telephone service used primarily by businesses and other large organizations, which permits communication between different telephones within...

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