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UNITED STATES v. GENDRON WHEEL CO.

No. 7429.

100 F.2d 57 (1938)

UNITED STATES v. GENDRON WHEEL CO.

Circuit Court of Appeals, Sixth Circuit.

November 18, 1938.

Attorney(s) appearing for the Case

A. F. Prescott, of Washington, D. C. (Robert H. Jackson, J. Louis Monarch, Norman D. Keller, and E. E. Angevine, all of Washington, D. C., Emerich B. Freed, of Cleveland, Ohio, and Gerald P. Openlander, of Toledo, Ohio, on the brief), for appellant.

John E. Daniells, of Toledo, Ohio (John E. Daniells and Ira C. Taber, both of Toledo, Ohio, on the brief), for appellee.

Before HICKS and SIMONS, Circuit Judges, and DRUFFEL, District Judge.

HICKS, Circuit Judge.

Suit against the United States to recover $31,266.66, the amount of income tax, plus interest, assessed against appellee, the Gendron Wheel Company (herein called Gendron), for 1927, and paid by it under protest.

The District Court, hearing the case without a jury, gave judgment against appellant, the United States.

The question is, whether a transaction on December 7, 1927, between appellee...

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