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F. H. E. OIL CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 11167.

150 F.2d 857 (1945)

F. H. E. OIL CO. v. COMMISSIONER OF INTERNAL REVENUE. FLEMING-KIMBELL CORPORATION v. SAME.

Circuit Court of Appeals, Fifth Circuit.

August 21, 1945.

Attorney(s) appearing for the Case

Harry C. Weeks, of Fort Worth, Texas., for petitioners.

Samuel O. Clark, Jr., Asst. Atty. Gen., Warren F. Wattles, Sewall Key, Helen R. Carloss, and Hilbert P. Zarky, Sp. Assts. to Atty. Gen., J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and Bernard D. Daniels, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before SIBLEY, HOLMES, and WALLER, Circuit Judges.

PER CURIAM.

This second motion for rehearing is not provided for by our rules of court, and will be denied.

Resolution No. 50 adopted by the House of Representatives June 22, and agreed to by the Senate July 21, 1945, is urged as requiring a reconsideration. The Resolution is not an Act of Congress approved by the President or passed over his veto. It does not make law, or change the law made by a previous Congress and President. It does not alter the statutes...

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