District Court, S.D. New York July 1, 1969, No. 65 Civ. 3043 (United States Steel Corp. v. United States)

OPINION

MOTION NO. 3.

LEVET, District Judge.

The United States of America, the above-entitled defendant, has moved under Rule 56 of the Federal Rules of Civil Procedure for summary judgment with respect to the claim of the plaintiff for refund of 1950 excess profits tax payments set forth in paragraphs 9, 10, 11 and 12 of the complaint, dealing with cost-price relationships.