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JORDAN CO. v. ALLEN

Civ. A. No. 537.

85 F.Supp. 437 (1949)

JORDAN CO. v. ALLEN, Collector of Internal Revenue.

United States District Court M. D. Georgia, Macon Division.

August 4, 1949.

Attorney(s) appearing for the Case

J. Q. Davidson, Swift, Pease, Davidson & Chapman, Columbus, Georgia, Bertram S. Boley, Atlanta, Georgia, for plaintiff.

John P. Cowart, U. S. Atty., Macon, Ga., T. Reese Watkins, Asst. U. S. Atty., Macon, Ga., C. Moxley Featherston, Fred S. Gilbert, Sp. Assts. to Atty-Gen. (Theron Lamar Caudle, Asst. Atty. Gen., Washington, D. C., Andrew D. Sharpe, Rhodes S. Baker, Jr., Sp. Assts. to Atty-Gen., on the brief), for defendant.

DAVIS, District Judge.

The Jordan Company is a corporation organized principally for the purpose of engaging in real estate business. The Company was incorporated under the laws of the State of Georgia on October 8, 1903 with an authorized capital stock of $100,000 and the privilege of increasing said amount to $500,000. The original charter contained the following provision pertinent to the decision of this case:

"In addition to the usual power to borrow...

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