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CONNALLY REALTY CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 7775.

81 F.2d 221 (1936)

CONNALLY REALTY CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

March 11, 1936.

Attorney(s) appearing for the Case

A. W. Clapp, of Atlanta, Ga., for petitioner.

Norman D. Keller, Louise Foster, and Sewall Key, Sp. Assts. to the Atty. Gen., and Robert H. Jackson, Asst. Gen. Counsel, Bureau of Internal Revenue, and Philip A. Bayer, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before FOSTER, SIBLEY, and WALKER, Circuit Judges.

SIBLEY, Circuit Judge.

The stipulated facts are that the taxpayer, Connally Realty Company, owned in 1927 and since a building at the corner of Whitehall and Alabama streets in Atlanta, having its main entrance on Whitehall street and five stores fronting on Alabama street adjusted to the descending grade of that street, with access to elevators from both streets. The city of Atlanta greatly raised the level of Alabama street, thereby cutting off access to the building...

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