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DURKEE FAMOUS FOODS v. HARRISON

Nos. 8171, 8172.

136 F.2d 303 (1943)

DURKEE FAMOUS FOODS, Inc., v. HARRISON, Collector of Internal Revenue (two cases).

Circuit Court of Appeals, Seventh Circuit.

June 1, 1943.

Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Sewall Key, and Alvin J. Rockwell, Asst. Attys. Gen., and J. Albert Woll, U. S. Atty., and Austin Hall, Asst. U. S. Atty., both of Chicago, Ill., for appellant.

Robert W. Childs and James F. Spoerri, both of Chicago, Ill., Roger Hinds, of New York City, John A. Duncan, of Cleveland, Ohio, and Mason Trowbridge, of Jersey City, N. J., for appellee.

Louis Quarles, of Milwaukee, Wis., amicus curiae.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.

MAJOR, Circuit Judge.

These are cross appeals by Durkee Famous Foods, Inc. (hereinafter referred to as the plaintiff or taxpayer) and the Collector of Internal Revenue for the First District of Illinois (hereinafter referred to as the defendant or government) from a judgment entered by the District Court on July 13, 1942. Two suits were instituted by plaintiff, one in July 1938 and the other in July 1940, for the recovery...

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