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COMMISSIONER OF INTERNAL REVENUE v. CEMENT INVESTORS

No. 2270.

122 F.2d 380 (1941)

COMMISSIONER OF INTERNAL REVENUE v. CEMENT INVESTORS, Inc.

Circuit Court of Appeals, Tenth Circuit.

July 24, 1941.

Attorney(s) appearing for the Case

Arthur A. Armstrong, Sp. Asst. to the Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Samuel H. Levy, Sp. Assts. to the Atty. Gen., on the brief), for petitioner.

James B. Grant, of Denver, Colo. (Lewis & Grant, and Stephen H. Hart, all of Denver, Colo., on the brief), for respondent.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

The Colorado Industrial Company1 was a corporation organized under the laws of Colorado. On August 1, 1904, Industrial issued its five per cent first mortgage bonds2 due August 1, 1934, and secured by a deed of trust on its property. The total face value of Industrial's bonds held by the public on August 1, 1934, was $27,633,000.

The Colorado Fuel and Iron Company

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