U.S. v. OGILVIE HARDWARE CO.

No. 430.

330 U.S. 709 (1947)

UNITED STATES v. OGILVIE HARDWARE CO., INC.

Supreme Court of United States.

Decided April 7, 1947.


Attorney(s) appearing for the Case

Lee A. Jackson argued the cause for the United States. With him on the brief were Acting Solicitor General Washington, Sewall Key, Stanley M. Silverberg and Helen R. Carloss.

Elias Goldstein argued the cause for respondent. With him on the brief was H.C. Walker, Jr.

Briefs were filed as amici curiae by Milton R. Schlesinger for the Vaughn Machinery Co.; F. Eberhart Haynes, U.E. Wild and J. Marvin Haynes for the Hawaiian Canneries Co., Ltd.; and John E. Hughes, urging affirmance.


MR. JUSTICE BLACK delivered the opinion of the Court.

This is a suit for tax refund which the District Court allowed. 62 F.Supp. 338. The Circuit Court of Appeals affirmed. 155 F.2d 577. We granted certiorari because of an apparent conflict with Century Electric Co. v. Commissioner, 144 F.2d 983.

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