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ELECTRIC REDUCTION CO. v. LEWELLYN

No. 3408.

11 F.2d 493 (1926)

ELECTRIC REDUCTION CO. v. LEWELLYN, Collector of Internal Revenue.

Circuit Court of Appeals, Third Circuit.

February 27, 1926.

Attorney(s) appearing for the Case

S. Leo Ruslander, of Pittsburgh, Pa. (George K. Warn and Samuel Kaufman, both of Pittsburgh, Pa., of counsel), for plaintiff in error.

John D. Meyer, U. S. Atty., and W. J. Aiken, Asst. U. S. Atty., both of Pittsburgh, Pa., and A. W. Gregg, Solicitor of Internal Revenue, and Irwin R. Blaisdell, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

On July 2, 1918, plaintiff below, Electric Reduction Company, agreed to purchase from one Jouravleff 150 to 175 tons of tungsten ore. Jouravleff was to ship a car of 30 to 35 tons each month, beginning in August, 1918. The plaintiff was "to establish immediately a banker's acceptance for $30,000 in favor of the seller for 60 days to cover and to be deducted from the first car shipped. A like acceptance to be issued, if necessary, on each following...

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