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UNITED STATES v. PREMIER OIL REFINING CO. OF TEXAS

No. 14487.

209 F.2d 692 (1954)

UNITED STATES v. PREMIER OIL REFINING CO. OF TEXAS.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 22, 1954.

Attorney(s) appearing for the Case

Louise Foster, Ellis N. Slack, Robert N. Anderson, Sp. Assts. to the Atty. Gen., H. Brian Holland, Asst. Atty. Gen., Frank B. Potter, U. S. Atty., Midland, Tex., Tom M. Shaw, Asst. U. S. Atty., Dallas, Tex., for appellant.

Harold B. Pressley, Jr., Eugene M. Locke, Locke, Locke & Purnell, Dallas, Tex., for appellee.

Before HUTCHESON, Chief Judge, and BORAH, and RIVES, Circuit Judges.

BORAH, Circuit Judge.

In an action against the United States of America to recover the amount of $56,855.41 withheld as interest on excess profits tax deficiencies which were subsequently abated, the District Court gave judgment for the plaintiff Premier Oil Refining Company of Texas. The Government has appealed.

Appellee, a Texas corporation, timely filed its income and excess profits tax returns for the calendar...

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