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CITIES SERVICE CO. v. UNITED STATES

No. 67 Civ. 4606 (CHT).

443 F.Supp. 392 (1978)

CITIES SERVICE COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

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

January 16, 1978.

Attorney(s) appearing for the Case

Thomas E. Tyre, New York City, for plaintiff; James W. Robinson, Victor K. Kulp, Cities Service Co., Tulsa, Okl., of counsel.

Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, New York City, for defendant; Samuel J. Wilson, Frederick P. Schaffer, Asst. U. S. Attys., New York City, of counsel.

OPINION

TENNEY, District Judge.

This is an action pursuant to Section 7422 of the Internal Revenue Code of 1954, 26 U.S.C. § 7422, and 28 U.S.C. § 1346(a)(1) for refund of income taxes paid by plaintiff for the calendar years 1953 and 1954. Over the past decade it has been before this Court on several prior occasions: Cities Service Co. v. United States, 316 F.Supp. 61 (S.D.N.Y. 1970) (Mansfield, J....

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