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SOUTHERN POWER & LIGHT CO. v. UNITED STATES

No. 9797.

72 F.2d 368 (1934)

SOUTHERN POWER & LIGHT CO. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied September 21, 1934.

Attorney(s) appearing for the Case

Richard S. Doyle, of Washington, D. C. (Alonzo D. Camp, of Little Rock, Ark., on the brief), for appellant.

John G. Remey, Sp. Asst. to Atty. Gen. (Wallace Townsend, U. S. Atty., of Little Rock, Ark., and Sewall Key and Lester L. Gibson, Sp. Assts. to Atty. Gen., on the brief), for the United States.

Before STONE and SANBORN, Circuit Judges, and WYMAN, District Judge.

WYMAN, District Judge.

Southern Power & Light Company, a Maryland corporation, having its principal place of business at Pine Bluff, Ark., instituted suit upon each of two claims for refund of income taxes alleged to have been wrongfully assessed and exacted by the Commissioner of Internal Revenue.

These two suits were, by stipulation, consolidated for the purposes of trial and record on appeal. The suits were brought under the Tucker Act, and were tried...

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