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UNITED STATES v. B. F. STURTEVANT CO.

No. 3333.

99 F.2d 72 (1938)

UNITED STATES v. B. F. STURTEVANT CO. et al.

Circuit Court of Appeals, First Circuit.

September 27, 1938.

Attorney(s) appearing for the Case

Frederic G. Rita, Sp. Asst. to Atty. Gen. (James W. Morris, Asst. Atty. Gen., Sewall Key, Sp. Asst. to Atty. Gen., and Francis J. W. Ford, U. S. Atty., and Arthur L. Murray, Sp. Asst. to U. S. Atty., both of Boston, Mass., on the brief), for the United States.

Philip Nichols, of Boston, Mass., (Joseph A. Boyer, of Boston, Mass., on the brief), for appellees.

Before WILSON and MORTON, Circuit Judges, and MAHONEY, District Judge.

WILSON, Circuit Judge.

This is an appeal by the United States from a judgment in favor of the plaintiffs in a tax case. The first point is whether the two appellees were entitled to file a consolidated return under the Revenue Act of 1918, Sec. 240 (40 Stats. 1057, 1081), for the year ending June 30, 1920. The government now contends that the Aeroplane Company was not entitled to join with the Sturtevant Company in doing so. The statute provides that corporations...

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