Litvak Meat Co. v. United States

KNOUS, Chief Judge.

This matter stands on motions for summary judgment interposed by both parties. The motions were argued and taken under advisement on December 18, 1958.

In the period between August 6, 1953, and December 27, 1956, the Chicago, Burlington & Quincy Railroad Company collected from plaintiff and paid to the Director of Internal Revenue a three per cent tax, amounting to $1,790.64, on the cost of icing and salting services for shipments of fresh beef from plaintiff’s plant. Herein, the plaintiff seeks to recover such sum, with interest, on the ground that the cost of icing and…