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SELECTED AMERICAN SHARES v. UNITED STATES

No. 10496.

196 F.2d 473 (1952)

SELECTED AMERICAN SHARES, Inc. v. UNITED STATES.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 22, 1952.

Attorney(s) appearing for the Case

Otto Kerner, Jr., U. S. Atty., Chicago, Ill., Ellis N. Slack, Acting Asst. Atty. Gen., Carolyn R. Just, U. S. Department of Justice, Washington, D. C., A. F. Prescott, Virginia H. Adams, Special Assts. to the Atty. Gen., John A. Looby, Jr., Asst. U. S. Atty., Chicago, Ill., for appellant.

Arnold R. Baar, Anan Raymond, Gilbert H. Hennessey, Jr., all of Chicago, Ill. (Kix-Miller, Baar & Morris and Johnston, Thompson, Raymond & Mayer, all of Chicago, Ill., of counsel), for appellee.

Before DUFFY, LINDLEY and SWAIM, Circuit Judges.

LINDLEY, Circuit Judge.

Plaintiff's suit to recover additional stamp taxes assessed against it, paid under protest, having resulted in judgment for plaintiff, the government appeals. The facts were stipulated; the only controversy is as to their proper construction and the conclusions of law to be drawn therefrom.

Plaintiff is a diversified management investment company which buys and sells, for investment purposes...

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