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BMW OF NORTH AMERICA, INC. v. U.S.

No. Civ.A. 96-4360(JCL).

39 F.Supp.2d 445 (1998)

BMW OF NORTH AMERICA, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. New Jersey.

December 22, 1998.

Attorney(s) appearing for the Case

Robert J. Alter, Sills, Cummis, Zuckerman, Radin, Tischman, Epstein & Gross Newark, NJ, for plaintiff.

Susan C. Cassell, A.U.S.A., United States Attorney's Office, Newark, NJ, for defendant.

OPINION

LIFLAND, District Judge.

Presently before the Court are plaintiff's motion and defendant's cross-motion for partial summary judgment under Fed. R.Civ.P. 56. For the reasons set forth herein, plaintiff's motion will be denied. Defendant's cross-motion will be granted in part.

BACKGROUND

BMW of North America, Inc. (hereinafter "BMW") brings this action for the recovery of federal employment taxes and interest for the...

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