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EBCO MANUFACTURING CO. v. SECRETARY OF COMMERCE

No. 12288.

221 F.2d 902 (1955)

The EBCO MANUFACTURING COMPANY, and Albert Ray Benua, Individually and as Trustee for Richard S. Benua and Thomas R. Benua, and Louis P. Benua, co-partners doing business as The Ebco Manufacturing Company, Petitioners, v. SECRETARY OF COMMERCE, Respondent.

United States Court of Appeals Sixth Circuit.

May 4, 1955.

Attorney(s) appearing for the Case

Peter B. Atwood, Chicago, Ill., for petitioners.

Melvin Richter, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., Robert S. Green, Atty., Dept. of Justice, Washington, D. C., on the brief), for respondent.

Before SIMONS, Chief Judge, and MARTIN and STEWART, Circuit Judges.

STEWART, Circuit Judge.

In this proceeding petitioners seek review of the Tax Court's determination that renegotiation of petitioners' fiscal year 1942 was commenced within the period of limitations specified in § 403(c) (6) of the Renegotiation Act of 1942 as amended 50 U.S.C.A. Appendix, § 1191 (c) (6). That section provided that the government agency must commence renegotiation within one year after the close of the contractor's fiscal year. The petitioners...

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