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CROSLEY CORPORATION v. UNITED STATES

No. 12434.

229 F.2d 376 (1956)

The CROSLEY CORPORATION, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

January 25, 1956.

Attorney(s) appearing for the Case

John W. Hughes, Chicago, Ill. (John E. Hughes, Harold R. Burnstein, Chicago, Ill., on the brief; R. S. Pruitt, Chicago, Ill., of counsel), for appellant.

John J. Kelley, Jr., Washington, D. C. (H. Brian Holland, Ellis N. Slack, Robert N. Anderson, Washington, D. C., Hugh K. Martin, Richard H. Pennington, Cincinnati, Ohio, on the brief), for appellee.

Before SIMONS, Chief Judge, and ALLEN and MILLER, Circuit Judges.

SHACKELFORD MILLER, Jr., Circuit Judge.

The appellant, The Crosley Corporation, filed this action in the District Court against the United States to recover the sum of $287,037.60 with interest, claimed by it to have been erroneously paid as income, declared value excess profits and excess profits taxes for the year 1941.

The United States, by its answer, claimed as its first defense that the appellant was estopped from claiming the refund or any part thereof...

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