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CONTINENTAL OIL CO. v. JONES

No. 3903.

177 F.2d 508 (1949)

CONTINENTAL OIL CO. v. JONES, Collector of Internal Revenue.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 28, 1949.

Attorney(s) appearing for the Case

Burney Braly, Fort Worth, Tex., for appellant.

Ellis N. Slack, Sp. Asst. to the Atty. Gen. (Theron Lamar Caudle, Asst. Atty. Gen., Lester L. Gibson, Sp. Asst. to the Atty. Gen., and Robert E. Shelton, U. S. Atty., Oklahoma City, Okl., on the brief), for appellee.

Before PHILLIPS, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.

PHILLIPS, Chief Judge.

This action was brought by Group No. 2 Oil Corporation1 against Jones, as Collector of Internal Revenue, to recover refunds of income taxes paid for the years 1940 and 1941 and excess profit taxes paid for the year 1941.

After trial, but before judgment, the taxpayer having merged with Continental Oil Company, the latter was substituted as plaintiff.

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