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AMERICAN BEMBERG CORPORATION v. UNITED STATES

Civ. A. No. 1585.

150 F.Supp. 355 (1957)

AMERICAN BEMBERG CORPORATION, a corporation, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court D. Delaware.

March 29, 1957.

Attorney(s) appearing for the Case

Howard L. Williams (of Morris, James, Hitchens & Williams), Wilmington, Del., Robert Ash and Carl F. Bauersfeld (of Ash, Bauersfeld & Burton), Washington, D. C., and George Heftler, of counsel, Union City, N. J., for plaintiff.

Leonard G. Hagner, U. S. Atty., Wilmington, Del., Charles K. Rice, Asst. Atty. Gen., Andrew D. Sharpe and Kurt W. Melchior, Dept. of Justice, Washington, D. C., for defendant.

CALEB M. WRIGHT, District Judge.

This is an action for refund of income and excess profits taxes.

The plaintiff, American Bemberg Corporation, was incorporated under the laws of Delaware in 1925.1 Originally, the capitalization consisted of $3,500,000, 7% preferred stock and 140,000 shares of common stock having no par value.2 Two years later Class B no par value common stock was issued.

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