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COMMISSIONER OF INTERNAL REV. v. NATIONAL BELLAS HESS

No. 15034.

225 F.2d 340 (1955)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. NATIONAL BELLAS HESS, Inc., Respondent.

United States Court of Appeals Eighth Circuit.

September 8, 1955.

Attorney(s) appearing for the Case

H. Brian Holland, Asst. Atty. Gen., and Harry Marselli and Ellis N. Slack, Sp. Asst. Attys. Gen., for petitioner.

Philip Zimet and Herman A. Benjamin, New York City, of Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo., for respondent.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.

JOHNSEN, Circuit Judge.

Our opinion in this case is reported in 220 F.2d 415. A petition for rehearing was duly filed thereto by the Commissioner of Internal Revenue, but we chose to allow our action upon the petition to wait until the disposition of another reorganization tax-case, which was then pending before us. Decision in the latter case, however, has ultimately proved to turn on other questions.

The petition for rehearing...

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