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KENTUCKY ROCK ASPHALT CO. v. HELBURN

No. 8000.

108 F.2d 779 (1940)

KENTUCKY ROCK ASPHALT CO. v. HELBURN, formerly Collector of Internal Revenue.

Circuit Court of Appeals, Sixth Circuit.

January 15, 1940.

Attorney(s) appearing for the Case

Squire Ogden, of Louisville, Ky. (Gordon, Laurent, Ogden & Galphin, of Louisville, Ky., on the brief), for appellant.

Joseph M. Jones, Sp. Asst. to Atty. Gen. (James W. Morris, Asst. Atty. Gen., and Sewall Key, Norman D. Keller, and James E. Murphy, Sp. Assts. to Atty. Gen., and Eli H. Brown, III, of Louisville, Ky., on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

HICKS, Circuit Judge.

Suit by Kentucky Rock Asphalt Company (herein called appellant) to recover income taxes and interest in the sum of $26,746.51 paid to Helburn, Collector. The case was heard by the Judge and appellant's motion for judgment was denied. The court filed its written opinion on August 28, 1937, D. C., 20 F.Supp. 364, but before judgment was entered appellant, on September 18, 1937, filed its petition "for a new...

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