BROAD MOTORS CO. v. SMITH

C. A. No. 7658.

86 F.Supp. 4 (1949)

BROAD MOTORS CO. v. SMITH.

United States District Court E. D. Pennsylvania.

September 28, 1949.


Attorney(s) appearing for the Case

David Berger, Philadelphia, Pa., Edgar J. Goodrich, Lipman Redman, Washington, D. C., Max Leopold, Philadelphia, Pa., for plaintiff.

Thomas J. Curtin, Asst. U. S. Atty., Philadelphia, Pa., Gerald A. Gleeson, U. S. Atty., Philadelphia, Pa., Theron Lamar Caudle, Asst. Atty. Gen., Andrew D. Sharpe, William B. Waldo, Ruppert Bingham, Sp. Assts. to Atty. Gen., for defendant.


WYCHE, District Judge.

In this action plaintiff seeks to recover excise taxes paid by it on the sale of rebuilt Ford motors during the years 1943.

The facts have been stipulated and this Opinion will stand as the Conclusions of Law in this case under the provisions of Rule 52(a), Rules of Civil Procedure, 28 U.S.C.A. An Order so providing will be included in the Order for Judgment.

During the year 1943 the taxpayer was engaged in the reconditioning...

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