Legal Opinion

Cook Oil Co., Inc. v. United States

District Court, M.D. Alabama

Decided March 20, 1996No. CV-95-A-206-EPublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

ALBRITTON, District Judge.

INTRODUCTION

This cause comes before the court on cross motions for summary judgment in a dispute over a corporate taxpayer’s entitlement to a refund. The plaintiff, Cook Oil Company, Inc., (“Plaintiff’) moves for summary judgment on its claim that excise taxes were erroneously assessed against it and should be refunded. The defendant, United States of America, (“Government”) argues in its motion for summary judgment not only that the Plaintiff was properly taxed, but also that the Plaintiff lacks standing to sue for the refund, precluding…

2Cases cited17 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  5. John D. Williamson, Plaintiffs-Appellants-Cross v. Gordon G. Tucker, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1981

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3Cited by5 opinions

  1. Alabama Alcohol. Bev. Bd. v. Henri-Duval WinerySupreme Court of Alabama · 2004
  2. Page v. Regions BankDistrict Court, N.D. Alabama · 2012
  3. Ammex, Inc. v. United StatesUnited States Court of Federal Claims · 2002
  4. Amigo Enterprises, Inc. v. United StatesUnited States Court of Federal Claims · 1998
  5. Cook Oil Company, Inc. v. United StatesCourt of Appeals for the Eleventh Circuit · 1997

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