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UNITED STATES v. ALGEMENE KUNSTZIJDE UNIE, N. V

No. 7002.

226 F.2d 115 (1955)

UNITED STATES of America, Appellant, v. ALGEMENE KUNSTZIJDE UNIE, N. V., a corporation organized under the laws of the Netherlands, Appellee.

United States Court of Appeals Fourth Circuit.

Decided September 19, 1955.

Attorney(s) appearing for the Case

Marvin E. Frankel, Sp. Asst. to Atty. Gen. (H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Hilbert P. Zarkey and Joseph F. Goetten, Sp. Assts. to Atty. Gen., and James M. Baley, Jr., U. S. Atty., Asheville, N. C., on the brief), for appellant.

George E. Cleary, New York City (Gaylord Davis, Enka, N. C., and Bernard & Parker, Asheville, N. C., on the brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PARKER, Chief Judge.

This is an appeal by the United States from an adverse judgment in an action by a corporation of the Netherlands, to recover income taxes theretofore paid by it for the years 1945 and 1946 in the total sum of $198,060.56 with interest. Taxpayer bases its right of action on the fact that in 1947 certain of its property was vested in the Attorney General of the United States in settlement of a controversy arising under the Trading with the Enemy...

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