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FRED H. McGRATH & SON, INC. v. UNITED STATES

No. 81 CIV 3942 (LBS).

549 F.Supp. 491 (1982)

FRED H. McGRATH & SON, INC., Plaintiff, v. UNITED STATES of America, Defendant.

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

July 1, 1982.

Attorney(s) appearing for the Case

McCarthy, Fingar, Donovan, Glatthaar, Drazen & Smith, Martin Drazen, White Plains, N.Y., for plaintiff.

John S. Martin, Jr., U.S. Atty., S.D.N.Y., William J. Brennan, Asst. U.S. Atty., New York City, for defendant.

OPINION

SAND, District Judge.

Plaintiff seeks a refund of $75,495.00 in federal income taxes, plus interest of $19,936.37. Both the plaintiff and the defendant moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure and then submitted a stipulation stating that the materials filed in support of their motions should instead be considered as a complete record for a trial on the merits of this case. The parties stipulated that...

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