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ELECTRIC STORAGE BATTERY CO. v. DISTRICT OF COLUMBIA

Nos. 8997, 8998.

155 F.2d 867 (1946)

ELECTRIC STORAGE BATTERY CO. v. DISTRICT OF COLUMBIA.

United States Court of Appeals District of Columbia.

Decided May 20, 1946.

Attorney(s) appearing for the Case

Mr. William P. Cairo, of Philadelphia, Pa., pro hac vice, by special leave of Court, with whom Mr. Edward J. Dwyer, of Detroit, Mich., was on the brief, for petitioner.

Mr. Harry L. Walker, Assistant Corporation Counsel, District of Columbia, of Washington, D. C., with whom Messrs. Vernon E. West, Corporation Counsel, and Chester H. Gray, Principal Assistant Corporation Counsel, both of Washington, D. C., were on the brief, for respondent. Mr. Richmond B. Keech, formerly Corporation Counsel, of Washington, D. C., entered his appearance for respondent when the case was docketed.

Before GRONER, C. J., and EDGERTON and PRETTYMAN, Associate Justices.

GRONER, C. J.

These are two petitions for review of two decisions of the Board of Tax Appeals for the District of Columbia.1 There is no material difference in the cases and both were properly submitted on a single brief and argument. In both the Board sustained the action of the Assessor in disallowing in part refunds of income taxes for the years 1941 and 1942 claimed to have been overpaid under the District Income

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