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FAIRMOUNT CEMETERY ASS'N v. HELVERING

No. 6354.

79 F.2d 163 (1935)

FAIRMOUNT CEMETERY ASS'N v. HELVERING.

United States Court of Appeals for the District of Columbia.

Decided June 29, 1935.

Attorney(s) appearing for the Case

Paul E. Shorb and M. P. Wormhoudt, both of Washington, D. C., for petitioner.

Frank J. Wideman, Asst. Atty. Gen., Sewall Key, Robert H. Jackson, Nathan Gammon, and H. P. Locke, all of Washington, D. C., for respondent.

Before MARTIN, Chief Justice, and ROBB, VAN ORSDEL, HITZ, and GRONER, Associate Justices.

GRONER, Associate Justice.

Petitioner is a Colorado corporation engaged in operating Fairmount Cemetery and Mausoleum in the immediate vicinity of Denver, Colo. It was incorporated in 1890, and in the same year acquired its present site comprising some 560 acres of land, which it caused to be plotted and made available for cemetery purposes. Prior to March 1, 1913, the corporation had expended in excess of $130,000 on improvements — the greater part on the...

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