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LUBEN INDUSTRIES, INC. v. UNITED STATES

No. 81-5877.

707 F.2d 1037 (1983)

LUBEN INDUSTRIES, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted February 16, 1983.

Decided June 7, 1983.

Attorney(s) appearing for the Case

Michael Blumenfeld, Fierstein & Sturman, Los Angeles, Cal., for plaintiff-appellant.

Gayle P. Miller, Washington, D.C., for defendant-appellee.

Before FLETCHER and NELSON, Circuit Judges, and EAST, District Judge.

EAST, Senior District Judge:

In the District Court, Luben Industries, Inc. (Luben) sought to recover a refund of allegedly unlawfully assessed and collected Federal excise taxes. The Government in turn counterclaimed for allegedly lawfully assessed but unpaid excise taxes. The parties filed cross-motions for summary judgments. The District Court denied Luben's motion, granted the Government's motion, and entered its final judgment on July 30, 1981. Luben appeals....

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