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MACY'S NEW YORK, INC. v. UNITED STATES

No. 79 Civ. 1883 (LFM).

484 F.Supp. 181 (1980)

MACY'S NEW YORK, INC., Plaintiff, v. UNITED STATES of America, Defendant.

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

February 11, 1980.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., New York City, for defendant by Thomas D. Warren, Asst. U. S. Atty., New York City.

Otterbourg, Steindler, Houston & Rosen, P. C., Garden City, N. Y., for plaintiff by Abraham Kaplan, Garden City.

OPINION

MacMAHON, District Judge.

Macy's New York, Inc. ("Macy's") sues to recover an asserted overpayment of social security (FICA) taxes for the calendar year 1973. The government moves for judgment on the pleadings, Fed.R.Civ.P. 12(c), and plaintiff cross-moves for summary judgment, Fed.R.Civ.P. 56(a). Since materials outside the pleadings have been submitted and not excluded by the court, we treat both motions as motions for summary judgment.

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