EASTERN GRAIN ELEVATOR CORP. v. McGOWAN

Civ. A. No. 4503.

95 F.Supp. 40 (1950)

EASTERN GRAIN ELEVATOR CORP. v. McGOWAN, Collector of Internal Revenue.

United States District Court W. D. New York.

November 9, 1950.


Attorney(s) appearing for the Case

David S. Jackson, Buffalo, N. Y., for plaintiff.

Theron Lamar Caudle, Asst. Atty. Gen., Andrew D. Sharpe and J. W. Hussey, Sp. Assts. to Atty. Gen., George L. Grobe, U. S. Atty., Buffalo, N. Y., for defendant.


KNIGHT, Chief Judge.

The plaintiff, Eastern Grain Elevator Corporation, had been engaged in the merchandising of grain, and the ownership and operation of grain elevators at the Port of Buffalo, New York, for many years prior to 1945. In the latter part of 1944 it had reduced its elevator holdings to a single elevator, The Concrete Central, so-called, which had a capacity of four million bushels of grain.

On November 27, 1944, plaintiff entered into a contract...

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