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JOHN J. GRIER CO. v. UNITED STATES

No. 14341.

328 F.2d 163 (1964)

JOHN J. GRIER CO., a corporation, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

February 17, 1964.

Attorney(s) appearing for the Case

Louis F. Oberdorfer, Asst. Atty. Gen., Richard J. Heiman, Atty., Dept. of Justice, Washington, D. C., John Peter Lulinski, Asst. U. S. Atty., Chicago, Ill., Lee A. Jackson, Joseph Kovner, Attys., Dept. of Justice, Washington, D. C., Frank E. McDonald, U. S. Atty., for appellant.

Daniel D. Glasser, Chicago, Ill., for appellee.

Before HASTINGS, Chief Judge, and KNOCH and SWYGERT, Circuit Judges.

KNOCH, Circuit Judge.

The government has appealed from a judgment of the United States District Court in favor of the taxpayer, plaintiff-appellee, John J. Grier Co. (hereinafter called "Grier"). The District Court held (in an opinion published at 216 F.Supp. 928) that the sale in 1959 by Grier of all the capital stock of its subsidiary Evergreen Supper Club, Inc. was the sale of a non...

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