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C. A. DURR PACKING CO. v. J. SHAUGHNESSY

No. 206, Docket 21938.

189 F.2d 260 (1951)

C. A. DURR PACKING CO., Inc., Appellant, v. Frank J. SHAUGHNESSY, Collector, Appellee.

United States Court of Appeals Second Circuit.

Decided May 31, 1951.

Attorney(s) appearing for the Case

Ferris, Hughes, Dorrance & Groben, Utica, N. Y., R. G. Dunmore, Jr., Utica, N. Y., for appellant.

Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, Robert N. Anderson, Fred E. Youngman, Sp. Assts. to Atty. Gen., Irving J. Higbee, U. S. Atty., Syracuse, N. Y., for appellee.

Before L. HAND, Chief Judge, and CHASE and FRANK, Circuit Judges.

PER CURIAM.

Affirmed on the opinion below in Durr Packing Co., Inc., v. Shaughnessy, Collector, 81 F.Supp. 33.

L. HAND, Chief Judge (dissenting).

As res integra, I should go along with my brothers in affirming the judgment on Judge Brennan's opinion; but I am unable to see any distinction of substance between the facts at bar, and those before the Supreme Court in Continental Tie and Lumber Co. v. United...

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