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MINE HILL & SCHUYLKILL HAVEN R. CO. v. SMITH

Nos. 10171, 10172.

184 F.2d 422 (1950)

MINE HILL & SCHUYLKILL HAVEN R. CO. v. SMITH.

United States Court of Appeals Third Circuit

Decided October 4, 1950.

Attorney(s) appearing for the Case

Morse Garwood, Philadelphia, (Harold Evans, Philadelphia, Pa., MacCoy, Evans & Lewis, Philadelphia, Pa., on the brief), for appellant.

Harry Baum, Sp. Asst. to Atty. Gen. (Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, Sp. Asst. to Atty. Gen., and Gerald A. Gleeson, U. S. Atty., and Thomas J. Curtin, Asst. U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before MARIS, GOODRICH and KALODNER, Circuit Judges.

KALODNER, Circuit Judge.

These are appeals from judgments for the defendant entered by the District Court in two actions brought by the Mine Hill & Schuylkill Haven Railroad Company ("taxpayer") for the recovery of income taxes.

The cases involve a common question, but different tax years. They were consolidated for trial in the Court below and for argument in this Court.

The facts as stipulated and found by the District Court may be summarized...

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