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COMMISSIONER OF INTERNAL REVENUE v. RAINIER BREWING CO.

No. 11547.

166 F.2d 324 (1948)

COMMISSIONER OF INTERNAL REVENUE v. RAINIER BREWING CO.

Circuit Court of Appeals, Ninth Circuit.

February 18, 1948.

Attorney(s) appearing for the Case

Theron L. Caudle, Asst. Atty. Gen., and Sewall Key, Lee A. Jackson, Melva M. Graney, and I. Henry Kutz, Sp. Assts. to Atty. Gen., for petitioner.

A. Calder Mackay, Arthur McGregor, Howard W. Reynolds, and Adam Y. Bennion, all of Los Angeles, Cal. (F. Sanford Smith and Clifford J. MacMillan, both of San Francisco, Cal., of counsel), for respondent.

Before DENMAN, HEALY and BONE, Circuit Judges.

PER CURIAM.

Petitioner for rehearing asserts that the rule established in Dobson v. Commissioner, 320 U.S. 489, 502, 64 S.Ct. 239, 88 L.Ed. 248; Bingham's Trust v. Commissioner, 325 U.S. 365, 370, 65 S.Ct. 1232, 89 L.Ed. 1670, 163 A.L.R. 1175 and Choate v. Commissioner, 324 U.S. 1, 65 S.Ct. 469, 89 L. Ed. 653, does not apply because the probative facts relied upon by the...

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