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HELVERING v. NORTHERN PACIFIC RY. CO.

Nos. 11312, 11313.

105 F.2d 730 (1939)

HELVERING, Commissioner of Internal Revenue, v. NORTHERN PACIFIC RY. CO.

Circuit Court of Appeals, Eighth Circuit.

August 1, 1939.

Attorney(s) appearing for the Case

Morton K. Rothschild, Sp. Asst. to Atty. Gen. (Sewall Key, Sp. Asst. to Atty. Gen., on the brief), for petitioner.

M. L. Countryman, Jr., of St. Paul, Minn. (L. B. daPonte, of St. Paul, Minn., on the brief), for respondent.

Before GARDNER and WOODROUGH, Circuit Judges, and OTIS, District Judge.

OTIS, District Judge.

This opinion should be read in connection with the opinion of this court in Northern Pacific Railway Company v. Helvering, Commissioner, 8 Cir., 83 F.2d 508. The two cases — consolidated — considered in that opinion were remanded to the Board of Tax Appeals for further proceedings. Being heard again by the Board on the issue as to which they were remanded, the Board made a decision favorable to...

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