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ARGONAUT CONSOLIDATED MINING CO. v. ANDERSON

No. 397.

52 F.2d 55 (1931)

ARGONAUT CONSOLIDATED MINING CO. v. ANDERSON, Collector of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

July 14, 1931.

Attorney(s) appearing for the Case

Henry M. Hogan, of New York City (Anthony J. Russo, of New York City, of counsel), for appellant.

George Z. Medalie, U. S. Atty., of New York City (Walter H. Schulman, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge.

The plaintiff is a Maine corporation, whose primary purpose is to hold the shares of the Argonaut Mining Company, which as its name implies, is engaged in the mining of gold, and whose properties are in California. The plaintiff in 1909 purchased fifty-one per cent. of the shares of this company and has held them ever since; upon them it has received dividends, somewhat irregularly, from time to time, which it has used both in the declaration...

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