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AMERICAN CAN CO. v. UNITED STATES

Nos. 3750-3752.

31 F.2d 730 (1929)

AMERICAN CAN CO. v. UNITED STATES. DETROIT CAN CO. v. SAME. MISSOURI CAN CO. v. SAME.

Circuit Court of Appeals, Third Circuit.

March 5, 1929.

Attorney(s) appearing for the Case

Phillip Forman, U. S. Atty., of Trenton, N. J., and Douglas M. Hicks, of New Brunswick, N. J. (Charles T. Hendler and C. M. Charest, both of Washington, D. C., of counsel), for the United States.

Graham Sumner, of New York City, for appellees.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

This is an appeal from judgments of the District Court ordering refund of income taxes alleged to have been illegally assessed and collected by the Commissioner of Internal Revenue.

The American Can Company owns all, or substantially all, of the stock of the Missouri Can Company, the Detroit Can Company, and 10 other companies. These were referred to in the trial as the plaintiff and its domestic affiliated corporations. They kept their...

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