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DAVIS v. U.S.

Civ. No. 89-4224.

758 F.Supp. 474 (1991)

Darrell DAVIS d/b/a Davis Enterprises and Midwest Coal Corporation, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, S.D. Illinois.

March 8, 1991.

Attorney(s) appearing for the Case

David T. Lumerman, St. Louis, Mo., for plaintiffs.

Robert Simpkins, Asst. U.S. Atty., East St. Louis, Ill., Mark Winer, U.S. Dept. of Justice, Washington, D.C., for defendant.

MEMORANDUM AND ORDER

FOREMAN, Chief Judge:

This is a suit to recover coal excise taxes paid by plaintiff Darrell Davis d/b/a Davis Enterprises (Davis Enterprises) for the first quarter of 1981 and by plaintiff Midwest Coal Corporation1 (Midwest Coal) for the third quarter of 1986. Before the Court are cross-motions for summary judgment. The parties are in agreement over the facts surrounding this dispute. They disagree, however...

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