FULTZ v. ANZAC OIL CORPORATION

No. 16191.

240 F.2d 21 (1957)

W. B. FULTZ, Appellant, v. ANZAC OIL CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

January 9, 1957.


Attorney(s) appearing for the Case

Marcus Ginsburg, Robert S. Newkirk, Fort Worth, Tex., McDonald, Sanders, Nichols, Ludlum, Wynn & Ginsburg, Fort Worth, Tex., of counsel, for appellant.

Talbot Rain, Morris Harrell, Dallas, Tex., Halbert O. Woodward, Coleman, Tex., Thompson, Knight, Wright & Simmons, Dallas, Tex., for appellee.

Before HUTCHESON, Chief Judge, and JONES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

The sole question in this case is whether treasury stock held by a corporation in liquidation passes as an "asset" under a contract of sale of all of the corporation's assets.

The facts are very simple: the Board of Directors of Anzac, the corporation, called a special meeting of the stockholders to act upon a proposal to liquidate the corporation and, under the privileges of § 337, 1954 Internal Revenue Code, 26 U.S.C.A...

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