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CLEVELAND ATHLETIC CLUB, INC. v. UNITED STATES

No. 84-3782.

779 F.2d 1160 (1985)

The CLEVELAND ATHLETIC CLUB, INC., Plaintiff-Appellant, v. The UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 23, 1985.

Attorney(s) appearing for the Case

Frank R. Osborne, argued, Roudebush, Brown & Ulrich Co., L.P.A., Cleveland, Ohio, for plaintiff-appellant.

John M. Siegel, Asst. U.S. Atty., Cleveland, Ohio, Jonathan B. Forman, Robert Pomerance (argued), Trial Atty. — Tax Div., U.S. Dept. of Justice, Washington, D.C., Glenn L. Archer, Jr., Lead Counsel, Michael L. Paup, Ann Belanger Durney, for defendant-appellee.

Leonard J. Henzke, Lehrfeld & Henzke, argued, Washington, D.C., for amicus curiae — Nat. Club Ass'n.

Before KENNEDY and MILBURN, Circuit Judges; and WEICK, Senior Circuit Judge.

WEICK, Senior Circuit Judge.

Plaintiff-Appellant The Cleveland Athletic Club ("the Club") appeals from an Order of the District Court for the Northern District of Ohio, Eastern Division, Aldrich, J., granting the Defendant-Appellee's Cross Motion for Summary Judgment, denying the Plaintiff-Appellant's Cross Motion for Summary Judgment, and dismissing Plaintiff's Complaint in this civil tax refund action.

I.

The relevant facts are as follows. The...

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