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SAN JOAQUIN FRUIT & I. CO. v. COMMISSIONER OF INT. REV.

No. 7505.

85 F.2d 854 (1936)

SAN JOAQUIN FRUIT & INVESTMENT CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

September 21, 1936.

Attorney(s) appearing for the Case

George M. Naus, of San Francisco, Cal., for petitioner.

Robert H. Jackson, Asst. Atty. Gen., and Sewall Key, John M. Hudson, and Frederick W. Dewart, Sp. Assts. to the Atty. Gen., for respondent.

Before WILBUR, GARRECHT, and MATHEWS, Circuit Judges.

WILBUR, Circuit Judge.

The petitioner moves the court to withhold its mandate to the Board of Tax Appeals after decision and mandate by the Supreme Court adverse to the petitioner, Helvering, Com'r v. San Joaquin Fruit & Investment Co., 297 U.S. 496, 56 S.Ct. 569, 80 L.Ed. 824, reversing our decision 77 F.2d 723, on its petition to review the decision of the Board of Tax Appeals, 28 B.T.A. 395,...

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