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G. A. STAFFORD & CO. v. PEDRICK

No. 60, Docket 21088.

171 F.2d 42 (1948)

G. A. STAFFORD & CO., Inc. v. PEDRICK.

United States Court of Appeals Second Circuit.

December 2, 1948.

Attorney(s) appearing for the Case

Burke & Burke, of New York City (Frederic D. H. Gilbert and J. Frederic Taylor, both of New York City, of counsel), for appellant.

John F. X. McGohey, U. S. Atty., of New York City (John B. Creegan, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before L. HAND, Chief Judge, and SWAN and CHASE, Circuit Judges.

SWAN, Circuit Judge.

This is an action to recover excess profits taxes of $30,844.07 collected by the defendant from the plaintiff for the year 1941. It was tried to the court without a jury upon an agreed statement of facts and resulted in a judgment of dismissal, from which the plaintiff has appealed. The plaintiff claimed below, and repeats the contention here, that the agreed facts show that it is exempt from excess profits tax by virtue of section 727(g) of the...

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