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NUCKOLLS v. UNITED STATES

No. 1160.

76 F.2d 357 (1935)

NUCKOLLS v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

March 22, 1935.

Attorney(s) appearing for the Case

Roger Underwood, of Pueblo, Colo. (A. W. McHendrie and Vena Pointer, both of Pueblo, Colo., on the brief), for appellant.

John Paul Jackson, Sp. Asst. to Atty. Gen. (Frank J. Wideman, Asst. Atty. Gen., Sewall Key and Wm. B. Waldo, Sp. Assts. to Atty. Gen., and Thomas J. Morrissey, U. S. Atty., and Ivor O. Wingren, Asst. U. S. Atty., both of Denver, Colo., on the brief), for the United States.

Before LEWIS, McDERMOTT, and BRATTON, Circuit Judges.

McDERMOTT, Circuit Judge.

Ezra Nuckolls, in his lifetime, owned 700 shares of stock of the Nuckolls Packing Company. Its March 1, 1913, value is stipulated to have been $33,600. On November 2, 1929, Nuckolls sold this stock for $105,000; he received $15,000 in cash and three notes of $30,000, each secured by 200 shares of the stock so sold, due in six, twelve and eighteen months respectively. The notes were worth their face on December 28, 1929. For many years, Nuckolls...

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