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UNITED STATES v. CHEROKEE BRICK & TILE COMPANY

No. 15199.

218 F.2d 424 (1955)

UNITED STATES of America, Appellant, v. CHEROKEE BRICK & TILE COMPANY, Appellee.

United States Court of Appeals, Fifth Circuit.

January 21, 1955.

Attorney(s) appearing for the Case

Carolyn R. Just, Ellis N. Slack, Hilbert P. Zarky, Sp. Assts. Atty. Gen. D. of J., H. Brian Holland, Asst. Atty. Gen., Washington, D. C., Frank O. Evans, U. S. Atty., Macon, Ga., for appellant.

Joseph B. Brennan, Atlanta, Ga., Charles J. Bloch, J. Rene Hawkins, Macon, Ga., W. A. Sutherland, Atlanta, Ga., Bloch, Hall, Groover & Hawkins, Macon, Ga., Sutherland, Asbill & Brennan, Atlanta, Ga., of counsel, for appellee.

Before HOLMES, BORAH, and RUSSELL, Circuit Judges.

HOLMES, Circuit Judge.

This appeal is by the United States from a judgment in favor of the Cherokee Brick and Tile Company, which is engaged in mining common brick and tile clay. The taxpayer uses the raw clay to produce burnt brick, which it sells as the finished product. The judgment was entered pursuant to an opinion of the district court, which is reported in 122 F.Supp. 59, to which reference is made for a more detailed statement...

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