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HOBART IRON CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 6889.

83 F.2d 25 (1936)

HOBART IRON CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Sixth Circuit.

April 15, 1936.

Attorney(s) appearing for the Case

Floyd F. Toomey, of Washington, D. C. (Ellsworth C. Alvord, of Washington, D.C., and John B. Putnam, of Cleveland, Ohio, on the brief), for petitioner.

Louise Foster, of Washington, D. C. (Frank J. Wideman, Sewall Key, John Mac. Hudson, and Joseph M. Jones, all of Washington, D. C., on the brief), for respondent.

Doherty, Rumble & Butler, of St. Paul. Minn., amici curiæ.

Before MOORMAN, HICKS, and ALLEN, Circuit Judges.

MOORMAN, Circuit Judge.

This proceeding involves the right of the government to assess a tax against the income received by a corporation from the operation of a mine belonging to the state of Minnesota. The state acquired the land on which the mine is located on condition that the income from it should go to support a state university. On January 1, 1902, the state leased the mine to Sullivan and Hale for a period of 50 years. The lease, referred to in the record...

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