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COMMISSIONER OF INTERNAL REV. v. NEWBERRY L. & C. CO.

Nos. 7381, 7382.

94 F.2d 447 (1938)

COMMISSIONER OF INTERNAL REVENUE v. NEWBERRY LUMBER & CHEMICAL CO. NEWBERRY LUMBER & CHEMICAL CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Sixth Circuit.

February 11, 1938.

Attorney(s) appearing for the Case

F. E. Youngman, Sp. Asst. to Atty. Gen. (James W. Morris, Asst. Atty. Gen., and Sewall Key and Norman D. Keller, Sp. Assts. to Atty. Gen., on the brief), for the Commissioner.

John E. Tracy, of Ann Arbor, Mich., for Newberry.

Before MOORMAN and SIMONS, Circuit Judges, and RAYMOND, District Judge.

MOORMAN, Circuit Judge.

The Charcoal Iron Company of America was a corporation owning lands and engaged in operating sawmills and mines in the Upper Peninsula of Michigan. Among its liabilities was an issue of outstanding first mortgage bonds. Being unable to meet the obligations of the bonds, it was placed in a receivership in the United States District Court for the Western District of Michigan in March of 1926. The receivers operated the property of the company...

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