SCHNACKENBERG, Circuit Judge.
This is an appeal from a judgment of the District Court granting a refund to plaintiff on account of an asserted overpayment of corporate income tax for the fiscal year ended March 31, 1945.
The material facts are as follows:
Plaintiff is a Montana corporation with its principal office in Chicago, Illinois. During the period in question it was engaged in the mining of a non-metallic mineral called vermiculite from a mine...
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