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FORSTMANN v. ROGERS

No. 4433.

35 F.Supp. 916 (1940)

FORSTMANN v. ROGERS, formerly United States Collector of Internal Revenue.

District Court, D. New Jersey.

November 25, 1940.

Attorney(s) appearing for the Case

Wall, Haight, Carey & Hartpence, of Jersey City, N. J. (Thomas G. Haight, of Jersey City, N. J., Robert H. Montgomery and James O. Wynn, both of New York City, W. C. Magathan, of Washington, D. C., and George G. Blattmachr, of New York City, of counsel), for plaintiff.

William F. Smith, U. S. Atty., and Thorn Lord, Asst. U. S. Atty., both of Trenton, N. J., Samuel O. Clark, Jr., Asst. Atty. Gen., and Andrew D. Sharpe and Julian G. Gibbs, Sp. Assts. to the Atty. Gen., for defendant.

FAKE, District Judge.

After the filing of the opinion of the court herein on February 16th last, reported in 31 F.Supp. 660, and before the entry of judgment thereon, plaintiff sought a rehearing and certain cases were brought to the attention of the court which had not been cited in the briefs or considered at the trial. Among them, Hazeltine Corp. v. Commissioner, 3 Cir., 89 F.2d 513, a case...

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