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BURTON-SUTTON OIL COMPANY v. COMMISSIONER OF INTERNAL REVENUE

No. 11275.

168 F.2d 903 (1946)

BURTON-SUTTON OIL COMPANY, Incorporated, v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

June 5, 1946.

Attorney(s) appearing for the Case

Norman F. Anderson, Elias R. Kaufman, and W. W. Thompson, all of Lake Charles, La., for petitioner.

Bernard Chertcoff, Hilbert P. Zarky and J. Louis Monarch, Sp. Assts. to Atty. Gen., Sewall Key, Acting Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau Internal Revenue, and Charles E. Lowery, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before HOLMES, McCORD, and LEE, Circuit Judges.

PER CURIAM.

Whereas, in cause No. 11275, between Burton-Sutton Oil Company, Incorporated, petitioner, and Commissioner of Internal Revenue, respondent, a judgment was entered by this Court on July 6, 1945, 150 F.2d 621, affirming the decision of The Tax Court, 3 T.C. 1187, of the United States; and

Whereas, on April 22, 1946, the Supreme Court of the...

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