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UNITED STATES v. LITTLE WAR CREEK COAL CO.

No. 4447.

104 F.2d 483 (1939)

UNITED STATES v. LITTLE WAR CREEK COAL CO.

Circuit Court of Appeals, Fourth Circuit.

June 12, 1939.

Attorney(s) appearing for the Case

J. Louis Monarch, Sp. Asst. to Atty. Gen. (James W. Morris, Asst. Atty. Gen., and Sewall Key, Norman D. Keller, and Paul R. Russell, Sp. Assts. to Atty. Gen., on the brief), for appellant.

Frederick L. Thomas, of Charleston, W. Va. (Price, Smith & Spilman, of Charleston, W. Va., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal from a judgment in an action brought to recover a part of an additional assessment of corporate income taxes assessed against and paid by the Little War Creek Coal Company for the year 1929. The decision of the lower court related to three items, only one of which is involved in the appeal. This relates to an indebtedness of $22,599.57 owing by taxpayer to the Eastern Coal and Export Corporation. At the end of the year 1927...

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