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DEJAY STORES v. RYAN

No. 17, Docket 23301.

229 F.2d 867 (1956)

DEJAY STORES, Inc., Dejay Central Stores, Inc., Dejay Eastern Stores, Inc., Dejay Western Stores, Inc., Dejay West Virginia Stores, Inc., Horman's Inc., Kay-Selly Stores, Inc., Plaintiffs-Appellants, v. Raymond F. RYAN, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 23, 1956.

On Petition for Rehearing February 20, 1956.

Attorney(s) appearing for the Case

Jesse Climenko, Gallop, Climenko & Gould, New York City, for appellants.

Arthur S. Ecker, New York City, for appellee.

Before HAND, FRANK and MEDINA, Circuit Judges.

HAND, Circuit Judge.

The plaintiffs appeal from a judgment, summarily dismissing their complaint to recover income taxes, erroneously assessed for their fiscal year, 1943. They are a group of corporations that we shall call collectively "Dejay." All their interests are the same; their accounts were on an accrual basis, and their fiscal year began on February first and ended on January 31st. After deliberations beginning in June 1943, and after detailed consultation...

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