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U.S. v. SINTON DAIRY FOODS CO., INC.

Civ. A. No. 90-B-1894.

775 F.Supp. 1417 (1991)

UNITED STATES of America, Plaintiff, v. SINTON DAIRY FOODS COMPANY, INC., Defendant.

United States District Court, D. Colorado.

October 18, 1991.

Attorney(s) appearing for the Case

Karen Lynne Baker, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., William G. Pharo, Asst. U.S. Atty., Denver, Colo., for plaintiff.

Robert E. Benson, Lynn Bolinske, Holland & Hart, Denver, Colo., Wayne H. Hoecker, James C. Thomas, III, Gage & Tucker, Kansas City, Mo., Raymond A. Graham, Robinson, Waters, O'Dorisio & Rapson, P.C., Denver, Colo., for defendant.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Plaintiff United States of America (the government) brings this action to recover $592,838 in tax refunds. The refund checks were payable to Sinton Food Companies, Inc. (Old Sinton), but were cashed by defendant Sinton Dairy Foods Company, Inc. (New Sinton). A hearing on the parties' cross motions for summary judgment was held September 20, 1991. For the reasons stated below, the government's motion is...

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