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ANGLIM v. ACME BREWING CO.

No. 10582.

143 F.2d 412 (1944)

ANGLIM v. ACME BREWING CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied August 11, 1944.

Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, Robert N. Anderson, Bruce A. Low, and Melva Graney, Sp. Assts. to Atty. Gen., and Frank J. Hennessy, U. S. Atty., and Esther B. Phillips, Asst. U. S. Atty., both of San Francisco, Cal., for appellant.

Norman A. Eisner, of San Francisco, Cal., for appellee.

Before MATHEWS, STEPHENS, and HEALY, Circuit Judges.

STEPHENS, Circuit Judge.

In an action brought against the Collector of Internal Revenue to obtain a refund of income taxes representing surtax on undistributed profits, the district court gave judgment in favor of taxpayer. The Collector appeals.

Since 1934 the common stock of taxpayer "Acme Brewing Co.," a California corporation (formerly California Brewing Association of Southern California), has been owned by two corporations as follows: "Acme Breweries...

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