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EASTERN MACHINERY CO. v. UNDER SECRETARY OF WAR

No. 10309.

182 F.2d 99 (1950)

EASTERN MACHINERY CO. v. UNDER SECRETARY OF WAR.

United States Court of Appeals District of Columbia Circuit.

Decided April 10, 1950.

Attorney(s) appearing for the Case

Mr. Elden McFarland, Washington, D. C., with whom Mr. C. Chester Guy, Washington, D. C., was on the brief, for petitioner.

Mr. Melvin Richter, Washington, D. C., Attorney, Department of Justice, of the Bar of the Supreme Court of Massachusetts, pro hac vice, by special leave of Court, with whom Assistant Attorney General, H. G. Morison and Messrs. Newell A. Clapp, Paul A. Sweeney, and John F. Wolf, Attorneys, Department of Justice, Washington, D. C., were on the brief, for respondent.

Before WILBUR K. MILLER, FAHY and BAZELON, Circuit Judges.

FAHY, Circuit Judge.

The Eastern Machinery Company petitions this court for review of a decision of the Tax Court of the United States which redetermined the amount of excessive profits found to be due by the company to the Government. The original determination had been made by the respondent Under Secretary of War. The company is in the business of buying, reconditioning and selling second-hand machine tools. During its fiscal year ending September 30, 1942, its...

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