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FLEMING v. CAMPBELL

No. 14338.

205 F.2d 549 (1953)

FLEMING et al. v. CAMPBELL.

United States Court of Appeals Fifth Circuit.

June 26, 1953.

Attorney(s) appearing for the Case

Harry C. Weeks, Fort Worth, Tex., Weeks, Bird, Cannon & Appleman, Fort Worth, Tex., of counsel, for appellant.

Carlton Fox, Ellis N. Slack, Sp. Assts. to Atty. Gen., Charles S. Lyon, Asst. Atty. Gen., H. Brian Holland, Asst. Atty. Gen., A. F. Prescott, and Joseph F. Goetten, Sp. Assts. to Atty. Gen., Frank B. Potter, U. S. Atty., Fort Worth, Tex., William Cantrell, Jr., Asst. U. S. Atty., Dallas, Tex., for appellee.

Before HUTCHESON, Chief Judge, and RUSSELL and STRUM, Circuit Judges.

HUTCHESON, Chief Judge.

The suit was to recover overpayments of taxes for the year 1945. The claim was that an exchange in that year of an undivided fractional oil, gas, and other mineral interest in Ector County, Texas, for overriding royalty and mineral interests in and to the oil in and under named leasehold estates in Gregg County, Texas, until grantee had received oil of the value of $43,000, was, under Section 112(b) (1),1 an exchange...

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