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HEINER v. MELLON

Nos. 6151, 6152.

89 F.2d 141 (1937)

HEINER, Former Collector of Internal Revenue, v. MELLON et al. SAME v. MELLON.

Circuit Court of Appeals, Third Circuit.

March 15, 1937.

Attorney(s) appearing for the Case

Robert H. Jackson, Asst. Atty. Gen., J. Louis Monarch, M. H. Eustace, and George H. Zeutzius, Sp. Assts. to the Atty. Gen., and Charles F. Uhl, U. S. Atty., and Orris Bennett, Sp. Asst. to the U. S. Atty., both of Pittsburgh, Pa., for appellant.

John G. Frazer and William Wallace Booth, both of Pittsburgh, Pa., and Donald D. Shepard, of Washington, D. C. (Reed, Smith, Shaw & McClay, of Pittsburgh, Pa., of counsel), for appellees.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

These are appeals from judgments of the District Court for the Western District of Pennsylvania. The cases were tried by stipulation without a jury. The facts are as follows:

In 1918 R. B. Mellon, A. W. Mellon, and H. C. Frick entered into partnership agreements to do business under the names of A. Overholt & Co. and West Overton Distilling Company for the purpose of liquidating two whisky distilling corporations of the same names...

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